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86th  Congress,  2d  Session House  Document  No.  459 


CONSTITUTION 
JEFFERSON'S  MANUAL 

AND 

RULES  OF  THE  HOUSE  OF 
REPRESENTATIVES 

OF  THE  UNITED  STATES 

EIGHTY-SEVENTH  CONGRESS 
By 

LEWIS  DESCHLER,  J.D.,  M.P.L.,  LL.D. 

PARLIAMENTARIAN 


UNITED  STA1 
GOVERNMENT  PRINTING  OFFICE 
WASHINGTON  :  1961 


Por  sale  by  the  Superintendent  of  Documents,  U.  S.  Government  Printing  Office 
Washington  25,  D.  O.  -  Price  $2.00  (paper  cover) 


HOUSE  RESOLUTION  NO.  644 

IN  THE  HOUSE  OF  REPRESENTATIVES 

September  1,  1960. 

Resolved,  That  a  revised  edition  of  the  Rules  and  Manual 
of  the  House  of  Representatives  for  the  Eighty-seventh  Con- 
gress be  printed  as  a  House  document,  and  that  one  thousand 
six  hundred  additional  copies  shall  be  printed  and  bound 
for  the  use  of  the  House  of  Representatives,  of  which  seven 
hundred  copies  shall  be  bound  in  leather  with  thumb  index 
and  delivered  as  may  be  directed  by  the  Parliamentarian 
of  the  House  for  distribution  to  officers  and  Members  of 
Congress. 

Attest: 

RALPH  R.  ROBERTS, 

Clerk. 


PEEFACE 

The  parliamentary  practice  of  the  House  of  Representa- 
tives emanates  from  four  sources:  First,  the  Constitution  of 
the  United  States;  second,  from  Jefferson's  Manual;  third, 
from  the  rules  adopted  by  the  House  itself  from  the  beginning 
of  its  existence;  and,  fourth,  from  the  decisions  of  the  Speak- 
ers of  the  House  and  from  decisions  of  the  Chairmen  of  the 
Committee  of  the  Whole. 

In  the  early  history  of  the  House  the  membership  of  that 
body  frequently  found  it  difficult  to  accomplish  the  purposes 
upon  which  they  had  determined.  The  Constitution  directed 
the  House  to  do  certain  things  in  a  specified  manner,  and  to 
do  things  not  set  forth  specifically  it  gave  the  House  carte 
blanche  to  make  such  rules  as  it  thought  necessary  to  carry 
out  the  purposes  of  a  legislative  body.  The  early  Congresses, 
therefore,  naturally  borrowed  from  the  English  Parliament 
many  of  its  practices.  In  the  years  following,  these  practices 
were  adapted  to  meet  the  needs  of  our  then  youthful  House. 
Special  needs  of  the  House  have  caused  some  of  the  motions 
adopted  from  the  English  system  to  lose  their  original  form 
and  purpose.  They  have  evolved  into  a  distinctly  American 
system  of  procedure. 

In  the  years  from  1797  to  1801  Thomas  Jefferson,  then 
Vice  President  of  the  United  States  and  President  of  the 
Senate,  prepared  the  notable  work  which  has  come  to  be 
known  as  Jefferson's  Manual.  This  work  contributed 
greatly  to  the  procedure  of  the  House,  although  it  was  not 
until  1837  that  the  House  finally  adopted  a  rule,  which  is 
still  in  existence,  permitting  the  provisions  of  the  Manual  "to 
govern  the  House  in  all  cases  to  which  they  are  applicable/7 

From  the  beginning  of  the  First  Congress  the  House  has 
formulated  rules  for  its  procedure.  Some  of  them  have 
since  gone  out  of  existence.  More  of  them  have  been  ampli- 
fied and  broadened  to  meet  the  exigencies  that  have  arisen 
from  time  to  time.  Today  they  are  perhaps  the  most 
finely  adjusted,  scientifically  balanced,  and  highly  technical 

[v] 


PREFACE 

rules  of  any  parliamentary  body  in  the  world.  Under  them 
a  majority  may  work  its  will  at  all  times  in  the  face  of  the 
most  determined  and  vigorous  opposition  of  a  minority. 

The  rulings  of  the  Speakers  of  the  House  and  of  the 
Chairmen  of  the  Committee  of  the  Whole  are  to  the  rules  of 
the  House  what  the  decisions  of  the  courts  are  to  the  statutes. 
It  is  rare,  indeed,  for  a  question  to  arise  that  has  not  been 
decided  at  some  prior  time.  All  of  these  decisions  have  been 
embodied  in  the  monumental  work  of  the  Hon.  Asher  C. 
Hinds  and  the  Hon.  Clarence  Cannon,  former  Parliamen- 
tarians of  the  House.  These  rulings,  which  aggregate  more 
than  11,000  in  number,  cover  practically  every  situation  that 
may  arise. 

I  believe  that  I  am  not  making  too  broad  a  statement 
when  I  say  that  the  parliamentary  practice  of  the  House  is  a 
system  of  procedure  that  ranks  second  to  none.  It  has 
proven  adequate  to  meet  all  the  emergencies  that  have 
arisen  in  the  past.  It  will  meet  the  emergencies  and  prob- 
lems of  the  future  with  the  same  degree  of  success. 

Rulings  of  the  Speakers  and  Chairmen  of  the  Committee 
of  the  Whole  which  are  of  significance  have  been  inserted 
under  the  rule  which  governed  the  decision  of  the  Chair. 

References  are  to  Hinds'  (IV,  600)  and  Cannon's  Prec- 
edents (VI,  100),  the  Congressional  Record  (January  3, 
1953,  p.  400),  the  United  States  Reports  (403  U.  S.  69),  and 
the  United  States  Code  (43  U.  S.  C.  54). 

LEWIS  DESCHLER. 
JANUARY  3,  1961. 


[VI] 


CONTENTS. 

Memorandum  Order  of  Business,  Page  XI, 

THE   CONSTITUTION. 

Page 

PREAMBLE 3 

ARTICLE  I. — The  legislative  power 4 

II. — The  executive  power.. __ 56 

III. — The  judicial  power. _-...__. ._-. _  65 

IV.— Obligations,  duties,  etc.,  of  the  States 69 

V. — Amendments  to 75 

VI— Law  of  the  land,  etc 76 

VII.— Ratification  of .. 81 

Amendments  ratified.—. 83-112 

JEFFERSON'S  MANUAL. 

SECTION  I. — Importance  of  adhering  to  rules 115 

III.— Privilege.-. 118 

VI.— Quorum _•__.  135 

VII—  Call  of  the  House 135 

IX.— Speaker _ 136 

X.— Address... 138 

XL— Committees 139 

XIL— Committee  of  the  Whole 143 

XIIL — Examination  of  witnesses 150 

XIV. — Arrangement  of  business 155 

XV.— Order 157 

XVL — Order  respecting  papers.--- 157 

XVIL— Order  in  debate 158 

XVIIL— Orders  of  the  House 173 

XIX.— Petition 176 

XX.— Motions 178 

XXIIL— Bills,  leave  to  bring  in 180 


CONTENTS 

Page 

SECTION   XXIV.— Bills,  first  reading 181 

XXV.— Bills,  second  reading 182 

XXVI.— Bills,  commitment 182 

XXVII. — Report  of  committee 192 

XXVIII.— Bill,  recommitment 193 

XXIX. — Bill,  reports  taken  up 194 

XXX.— Quasi-committee 196 

XXXI. — Bill,  second  reading  in  the  House 200 

XXXIL— Reading  papers .._ 202 

XXXIII.— Privileged  questions 204  . 

XXXIV. — The  previous  question 218 

XXXV.— Amendments 222 

XXXVI.— Division  of  the  question 229 

XXXVII. — Coexisting  questions 232 

XXXVIII. — Equivalent  questions 233 

XXXIX.— The  question-... 236 

XL.— Bills,  third  reading 237 

XLI. — Division  of  the  House 241 

XLIL— Titles.. 248 

XLIII. — Reconsideration 248 

XLI V. — Bills  sent  to  the  other  House 25 1 

XL V. — Amendments  between  the  Houses 25  2 

XLVI. — Conferences 258 

XL  VIL— Messages 270 

XL  VIII.— Assent 274 

XLIX.— Journals 277 

L. — Adjournment 279 

LI. — A  session 281 

LIL— Treaties 284 

LIIL— Impeachment 288 

THE  RULES. 

RULE  I. — Duties  of  the  Speaker 303 

II. — -Election  of  officers 310 

III. — Duties  of  the  Clerk 311 

IV. — Duties  of  the  Sergeant-at- Arms 315 

V. — Duties  of  the  Doorkeeper 316 

VI. — Duties  of  the  Postmaster 317 

VIL— Duties  of  the  Chaplain 318 

VEIL— Of  the  Members 318 

IX. — Questions  of  privilege 320 

[vm] 


CONTENTS 

Page 

RULE      X. — Standing  committees 324 

XI. — Powers  and  duties  of  committees 328 

XII. — Delegates  and  Resident  Commissioner 371 

XIII. — Calendars  and  reports  of  committees 373 

XIV. — Of  decorum  and  debate 377 

XV. — On  calls  of  the  roll  and  House 386 

XVI. — On  motions,  their  precedence,  etc 393 

XVII. — Previous  question 411 

XVIII.— Reconsideration . 416 

XIX. — Of  amendments 421 

XX. — Of  amendments  of  the  Senate 423 

XXI.— On  bills 425 

XXII. — On  petitions,  memorials,  bills,  and  resolutions 441 

XXIII. — Of  Committees  of  the  Whole  House 446 

XXIV. — Order  of  business 457 

XXV. — Priority  of  business 472 

XXVI. — Unfinished  business  of  the  session 473 

XXVII. — Change  or  suspension  of  the  rules 474 

XXVIII. — Conference  reports 482 

XXIX. — Secret  session 485 

XXX. — Reading  of  papers 486 

XXXI.— Hall  of  the  House 487 

XXXII.— Of  admission  to  the  floor 488 

XXXIII. — Of  admission  to  the  galleries 490 

XXXIV. — Official  and  other  reporters 490 

XXXV. — Pay  of  witnesses 495 

XXXVI— Papers 496 

XXXVII.— Withdrawal  of  papers 497 

XXXVIII.— Ballot . 497 

XXXIX— Messages 498 

2CL. — Executive  communications 498 

XLI . — Qualifications  of  officers  and  employees 499 

XLII. — General  provisions 499 

PROVISIONS  OF  LEGISLATIVE  REORGANIZATION 
ACT  OF  1946  APPLICABLE  TO  BOTH  HOUSES. 

Congressional  adjournment 500 

Legislative  budget 500 

Studies  and  reports  by  Appropriations  Committee 501 

Preservation  of  committee  hearings 502 

[IX] 


Page 

MISCELLANEOUS   PEOVISIONS   OF   LEGISLATIVE 
REORGANIZATION   ACT    OF   1946. 

Economic  Report  of  the  President 538 

Improvement  of  Congressional  Record 537 

Joint  Committee  on  Printing 525,  537 

Joint  Committee  on  the  Library 525,  538 

Joint  Economic  Committee 524,  538 

Legislative  Reference  Service 535 

Transfer  of  functions 538 

FORMS. 

Of  putting  questions 505 

Of  petitions 507 

Of  orders,  resolutions,  and  bills 507 

Of  reports  from  committees 509 

Of  resolution  providing  for  an  investigation 511 

Of  special  order  for  consideration  of  a  bill 511 

Of  letters  of  resignation 512 

Of  ceremonies  for  deceased  Members 513 

Stages  of  a  bill  of  the  House 517 

JOINT    COMMITTEES. 

Atomic  Energy,  Joint  Committee  on 523 

Defense  Production,  Joint  Committee  on 523 

Disposition  of  Certain  Records  of  the  United  States  Govern- 
ment, Joint  Committee  for  the 523 

Economic  Committee,  Joint 524 

Immigration  and  Nationality  Policy,  Joint  Committee  on 524 

Internal  Revenue  Taxation,  Joint  Committee  on 524 

Library,  Joint  Committee  of  Congress  on  the 525,  538 

Navajo-Hopi  Indian  Administration,  Joint  Committee  on 525 

Printing,  Joint  Committee  on 525,  537 

Reduction  of  Nonessential  Federal  Expenditures,  Joint  Com- 
mittee on 526 

MISCELLANEOUS. 

Franking  privilege 529 

Rooms  in  the  Office  Building 529 

Index 539 

[x] 


GENERAL  ORDER  OF  BUSINESS. 
RULE  XXIV. 

First.  Prayer  by  Chaplain. 
Second.  Reading  and  approval  of  Journal. 
Third.  Correction  of  reference  of  public  bills. 
Fourth.  Disposal  of  business  on  Speaker's  table. 
Fifth.  Unfinished  business. 

Sixth.  The  morning  hour  for  the  consideration  of  bills. 
Seventh.  Motion  to  go  into  the  Committee  of  the  Whole  House  on 
the  state  of  the  Union. 
Eighth.  Orders  of  the  day. 

SPECIAL  ORDER  OF  BUSINESS. 
MONDAYS. 

First  and  third  Mondays: 

First.  Consent  Calendar.    Rule  XIII,  clause  4. 

Second.  Motions  to  suspend  rules.    Rule  XXVII,  clause  1. 
Second  and  fourth  Mondays: 

First.  Motions  to  discharge  committees.    Rule  XXVII,  clause  4. 

Second.  District  of  Columbia  business.    Rule  XXIV,  clause  8. 

TUESDAYS. 

Bills  on  the  Private  Calendar.    Rule  XXIV,  clause  6. 

Individual  private  bills  considered  on  the  first  Tuesday  of  each 
month,  omnibus  private  bills  may  be  considered  on  third  Tuesday  of 
each  month. 

WEDNESDAYS. 

Call  of  committees  under  Calendar  Wednesday.    Rule  XXIV,  clause  7. 


CONSTITUTION 


§§1.2* 

CONSTITUTION  OP  THE  UNITE])  STATES;  1787. 


WE  THE  PEOPLE  of  the  United  States,  in  Order  to 
form  a  more  perfect  Union,  establish 
preamble.     jus^ce?  ^g^e  domestic  Tranquility, 


provide  for  the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty  to  our- 
selves and  our  Posterity,  do  ordain  and  establish  this 
CONSTITUTION  for  the  United  States  of  America. 

Decisions  of  the  Supreme  Court  of  the  United  States  relating  to  the 
preamble  are: 

Chisholm  v.  Georgia,  2  Ball.,  419;  McCulloch  v. 

.  ecfeions  °f  "*  s^te  of  Maryland  et  al.,  4  Wh.,  316;  Brown  et  al.  v. 
Maryland,  12  Wh.,  419;  Barron  v.  The  Mayor  and 
City  Council  of  Baltimore,  7  Pet.,  243;  Dred  Scott  v.  Sanford,  19  How- 
ard, 393;  Lane  County  v.  Oregon,  7  Wall.,  71;  Texas  v.  White  et  al.,  7 
Wall.,  700;  Claflin  v.  Houseman,  assignee,  93  TJ.  S.,  130;  Wiliams  v. 
Bruffy,  96  U.  S.,  176;  Tennessee  v.  Davis,  100  U.  S.,  257;  Langford  v. 
United  States,  101  U.  S.,  341;  United  States  v.  Jones,,  109  U.  S.,  513; 
Fort  Leavenworth  Railroad  Co.  v.  Lowe,  114  U.  S.,  525;  The  Chinese 
Exclusion  Case,  130  U.  S.,  581;  Geofroy  v.  Biggs,  133  U.  S.,  258;  In 
re  Neagle,  135  U,  S.,  1;  In  re  Ross,  140  U.  S.,  453;  Logan  t>t  United 
States,  144  U.  S.,  263;  Lascelles  v.  Georgia,  148  U.  S.,  537;  Fong  Yue 
Ting  v.  United  States,  149  U.  S.  698;  In  re  Tyler,  149  U.  S,,  164;  United 
States  t>.  E.  C.  Knight  Co.,  156  U.  S.,  1;  Mattox  v.  United  States,  156 
U.  S.,  237;  In  re  Quarles  and  Butler,  158  U.  S.,  532;  In  re  Debs,  Peti- 
tioner, 158  U.  S.,  564;  Ward  v.  Race  Horse,  163  U.  S.,  504;  De  Lima  t>. 
Bidwell,  182  U.  S.,  1;  Prout  v.  Starr,  188  U.  S.,  537;  Jacobson  v.  Mas- 
sachusetts, 197  U.  S.,  11;  South  Carolina  v.  United  States,  199  U.  S., 
437;  Ellis  v.  U.  S.,  206  U.  S.,  246;  Dick  v.  U.  S.,  208  U.  S.,  340;  Muller  v. 
Oregon,  208  U.  S.,  412;  Youngstown  v.  Sawyer,  343  U.  S.,  579. 

[3] 


CONSTITUTION    OF   THE   UNITED   STATES 
§|3-6. 

ARTICLE  I. 

SECTION.  1.  All  legislative  Powers  herein  granted 
§3.  Legislate  pow-  s^a^  ^e  vested  in  a  Congress  of  the 
era  Tested  m  con-  United  States,  which  shall  consist  of  a 
firess'  Senate  and  House  of  Representatives. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Hayburn's  case  (notes),  2  DalL,  409;  Field  v. 
Lur?.^101180^116  Clark,  143  U.  S.,  649;  Union  Bridge  Co.  v.  United 
States,  204  U.  S.,  364;  United  States  v.  Heinszen,  206 
U.  S.,  370;  St.  Louis  &  Iron  Mountain  Railway  v.  Taylor,  210  U.  S.,  281 ; 
Monongahela  Bridge  Co.  v.  United  States,  216  U.  S.,  177;  United  States 
v.  Grimaud,  216  U.  S.,  614;  United  States  v.  Grimaud,  220  U.  S.,  506; 
U.  S.  v.  Atchison,  etc.,  R.  Co.,  234  U.  S.,  476;  Interstate  Commerce 
Commission  v.  Goodrich  Transit  Co.,  224  U.  S.,  194;  Kansas  City 
Southern  R.  Co.  v.  U.  S.,  231  U.  S.  423;  Bay  City  First  Nat.  Bank  v. 
Union  Trust  Co.,  244  U.  S.,  416;  Hannibal  Bridge  Co.  v.  U.  S.,  221 
U.  S.,  194;  Light  v.  U.  S.  220  U.  S.,  523;  Standard  Oil  Co.  v.  U.  S., 
221  U.  S.,  1;  Union  Pacific  R.  Co.  v.  Snow,  231  U.  S.,  204;  Johannessen 
v.  U.  S.,  225  U.  S.,  227;  Myers  v.  United  States,  272  U.  S.,  53;  McGrain 
v.  Daugherty,  273  U.  S.,  135;  Hampton  &  Co.  v.  United  States  276 
U.  S.,  394;  Springer  v.  Philippine  Islands,  277  U.  S.,  189;  Panama 
Refining  Co.  v.  Ryan,  293  U.  S.,  388;  Schechter  Corp.  v.  U.  S.  (N.  R. 
A.),  295  U.  S.,  495. 

SECTION.  2.  *  The  House  of  Repre- 
§5.  Members  chosen  sentatives  shall  be  composed  of  Mem- 
bers  chosen  every  second  Year  by  the 
People  of  the  several  States,     *     *     *. 

This  clause  requires  election  by  the  people  and  State  authority  may 
not  determine  a  tie  by  lot  (I,  775). 

The  term  of  a  Congress,  before  the  ratification  of  the  twentieth 

amendment  to  the  Constitution,  began  on  the  4th 

§6.  Term  of  a  Con-      of  March  of  the  odd  numbered  years  and  extended 

*«*»•  through  two  years.     This  resulted  from  the  action 

of  the  Continental  Congress  on  September  13,  1788, 

in  declaring,  on  authority  conferred  by  the  Federal  Convention,  "the 

first  Wednesday  in  March  next"  to  be  "the  time  for  commencing 

[4] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  2]  §7- 

proceedings  under  the  said  Constitution."  This  date  was  the  4th  of 
March,  1789.  And  soon  after  the  first  Congress  assembled  a  joint 
committee  determined  that  the  terms  of  Representatives  and  Senators 
of  the  first  class  commenced  on  that  day,  and  must  necessarily  terminate 
with  the  3d  of  March,  1791  (I,  3).  Under  the  twentieth  amendment 
to  the  Constitution  the  terms  of  Representatives  and  Senators  begin 
on  the  3d  of  January  of  the  odd-numbered  years.  By  a  practice  hav- 
ing the  force  of  common  law,  the  House  meets  at  12  m.  when  no  other 
hour  is  fixed  (1, 4, 210) .  In  the  later  practice  a  resolution  fixing  the  daily 
hour  of  meeting  at  12  o'clock  meridian  is  agreed  to  at  the  beginning 
of  each  session.  Since  the  adoption  of  the  twentieth  amendment  some 
of  the  following  decisions  are  obviously  inapplicable  but  are  retained 
for  their  historical  significance.  As  legislative  rather  than  calendar 
days  are  observed  by  the  Houses  of  Congress,  it  has  followed  that 
the  3d  of  March  must  extend  to  the  hour  of  12  m.  on  March  4,  and  this 
hour  has  been  fixed  as  that  on  which  a  Congress  expires  (Y,  6694r- 
6697).  Although  the  last  session  may  be  adjourned  before  that  hour 
(V,  6724,  footnote) ,  in  practice  this  does  not  happen ;  and  the  Speaker 
at  the  hour  of  12  m.,  March  4,  usually  declares  the  House  adjourned 
sine  die,  without  motion  or  vote,  even  interrupting  a  pending  roll  call 
(V,  6715-6718).  But  a  motion  to  adjourn  may  be  put  and  carried 
(V,  6711-6713).  The  Legislative  Reorganization  Act  of  1946  (§  940, 
post)  provides  for  sine  die  adjournment,  except  in  time  of  war  or  during 
a  national  emergency  proclaimed  by  the  President,  not  later  than  the 
last  day  of  July  (Sundays  excepted)  each  year  unless  otherwise  provided 
by  the  Congress. 

*     *     *     and    the    Electors    in    each 
State  shall  have  the  Qualifications  req- 

§  7.  Electors  of  the  ^  ^ 

House  of  Represent-  uisite  for  Electors  of  the  most  numer- 
a  lves"  ous  Branch  of  the  State  Legislature. 

The  House,  in  the  decision  of  an  election  case,  has  rejected  votes 
cast  by  persons  not  naturalized  citizens  of  the  United  States,  although 
they  were  entitled  to  vote  under  the  statutes  of  a  State  (I,  811);  but 
where  an  act  of  Congress  had  provided  that  a  certain  class  of  persons 
should  be  deprived  of  citizenship,  a  question  arose  over  the  proposed 
rejection  of  their  votes  in  a  State  wherein  citizenship  in  the  United 
States  was  not  a  qualification  of  the  elector  (I,  451).  In  an  exceptional 
case  the  House  rejected  votes  cast  by  persons  lately  in  armed  resistance 
to  the  Government,  although  by  the  law  of  the  State  they  were  qualified 

62581° — H.  Doc.  459,  R6-2 2  [5] 


CONSTITUTION  OF  THE  UNITED   STATES 
§§  g-11.  [ARTICLE  I,  SECTION  2] 

voters  (I,  448)  ;  but  later,  the  House  declined  to  find  persons  disqualified 
as  voters  because  they  had  formerly  borne  arms  against  the  Govern- 
ment (II,  879). 

Decisions  of  the  Supreme  Court  of   the  United 
§8.  Decisions  of  the      gtates_ 

court*  Ex  parte   Yarbrough,  110  U.  S.,  651;   Wiley  v. 

Sinkler,  179  U.  S.,  58;  U.  S.  v.  Mosley,  238  U.  S.,  383. 


§9.  Ageasaquaii-         2  j^o  person  shall  be  a  Representative 

fication  of  the  Rep-  ^  -          T  i  A 

resentative.  who  shall  not  nave  attained  to  the  Age 

of  twenty-five  Years,  *     *     *. 

A  Member-elect  not  being  of  the  required  age,  was  not  enrolled  by  the 
Clerk  and  he  did  not  take  the  oath  until  he  had  reached  the  required 
age  (I,  418). 

§10.  citizenship  as     *     *    *    and  been  seven  Years  a  Citi- 
sen  of  the  United  States,     *     *     *. 


Henry  Ellenbogen,  of  Pennsylvania,  who  had  not  been  a  citizen 
seven  years,  was  elected  to  the  Seventy-third  Congress  but  did  not  take 
the  oath  until  the  beginning  of  the  second  session  to  meet  the  Constitu- 
tional requirement.  A  native  of  South  Carolina,  who  had  been  abroad 
during  the  Revolution  and  on  his  return  had  not  resided  in  the  country 
seven  years,  was  held  to  be  qualified  as  a  citizen  (I,  420).  A  woman 
who  had  forfeited  her  citizenship  through  marriage  to  a  foreign  subject 
and  later  resumed  it  through  naturalization  less  than  seven  years  prior 
to  her  election  was  held  to  fulfill  the  constitutional  requirement  as  to 
citizenship  to  a  seat  in  the  House  (VI,  184)  .  A  Member  who  had  long 
been  a  resident  of  the  country,  but  who  could  produce  neither  the 
record  of  the  court  nor  his  final  naturalization  papers,  was  nevertheless 
retained  in  his  seat  by  the  House  (I,  424)  . 

*     *     *    and    who    shall    not,    when 

1  11.  Inhabitancy  ; 

as  a  qualification  of    elected,  be  an  Inhabitant  of  that  State 

era  er.  . 


The  meaning  of  the  word  "inhabitant"  and  its  relation  to  citizenship 
has  been  discussed  (I,  366,  434;  VI,  174),  and  the  House  has  held  that  a 
mere  sojourner  in  a  State  was  not  qualified  as  an  inhabitant  (I,  369), 
but  a  contestant  was  found  to  be  an  actual  inhabitant  of  the  State 

[6] 


CONSTITUTION  OP  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  2]  §12. 

although  for  sufficient  reason  his  family  resided  in  another  State  (II, 
1091).  Residence  abroad  in  the  service  of  the  Government  does  not 
destroy  inhabitancy  as  understood  under  the  Constitution  (I,  433). 
One  holding  an  office  and  residing  with  his  family  for  a  series  of  years 
in  the  District  of  Columbia  exclusively  was  held  disqualified  to  sit  as  a 
Member  from  the  State  of  his  citizenship  (I,  434) ;  and  one  who  had  his 
business  and  a  residence  in  the  District  of  Columbia  and  had  no  busi- 
ness or  residence  in  Virginia  was  held  ineligible  to  a  seat  from  that 
State  (I,  436).  One  who  had  a  home  in  the  District  of  Columbia,  and 
had  inhabited  another  home  in  Maryland  a  brief  period  before  his 
election,  but  had  never  been  a  citizen  of  any  other  State,  was  held  to  be 
qualified  (I,  432) .  Also  a  Member  who  had  resided  a  portion  of  a  year 
in  the  District  of  Columbia,  but  who  had  a  home  in  the  State  of  his 
citizenship  and  was  actually  living  there  at  the  time  of  the  election, 
was  held  to  be  qualified  (I,  435).  In  the  Updike  v.  Ludlow  case,  71st 
Congress,  it  was  decided  that  residence  in  the  District  of  Columbia  for 
years  as  a  newspaper  correspondent  and  maintenance  there  of  church 
membership  were  not  considered  to  outweigh  payment  of  poll  and 
income  taxes,  ownership  of  real  estate,  and  a  record  for  consistent 
voting  in  the  district  from  which  elected  (VI,  55) ,  and  in  the  same  case 
excuse  from  jury  duty  in  the  District  of  Columbia  on  a  plea  of  citizen- 
ship in  the  State  from  which  elected  and  exercise  of  incidental  rights  of 
such  citizenship,  were  accepted  as  evidence  of  inhabitancy  (VI,  55) . 

It  has  been  decided  by  the  House  and  Senate  that  no  State  may  add 
§  12.  Qualifications  to  ^e  qualifications  prescribed  by  the  Constitution 
other  than  those  (I,  414r-416,  632).  Whether  Congress  may  by  law 
specified  by  the  establish  qualifications  other  than  those  prescribed 

Constitution.  by  the  Constitution  has  been  the  subject  of  much 

discussion  (I,  449,  451,  457,  458,  478) ;  but  in  a  case  wherein  a  statute 
declared  a  Senator  convicted  of  a  certain  offense  "forever  thereafter 
incapable  of  holding  any  office  of  honor,  trust,  or  profit  under  the  Gov- 
ernment of  the  United  States,"  the  Supreme  Court  expressed  the 
opinion  that  the  final  judgment  of  conviction  did  not  operate,  ipso 
facto,  to  vacate  the  seat  or  compel  the  Senate  to  expel  or  regard  the 
Senator  as  expelled  by  force  alone  of  the  judgment  (II,  1282) .  Whether 
the  House  or  Senate  alone  may  set  up  qualifications  other  than  those  of 
the  Constitution  has  also  been  a  subject  often  discussed  (I,  414,  415, 
443,  457,  458,  469,  481,  484).  The  Senate  has  always  declined  to  act 
on  the  supposition  that  it  had  such  a  power  (I,  443,  483),  and  during 
the  stress  of  civil  war  the  House  of  Representatives  declined  to  exercise 
the  power,  even  under  circumstances  of  great  provocation  (I,  449,  465). 

[T] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  13-15.  [ARTICLE  I,  SECTION  2] 

But  later,  in  one  instance,  the  House  excluded  a  Member-elect  on  the 
principal  argument  that  it  might  itself  prescribe  a  qualification  not 
specified  in  the  Constitution  (I,  477). 

Both  Houses  of  Congress  have  decided,  when  a  Member-elect  is 

found  to  be  disqualified,  that  the  person  receiving 

§13.  Minority  candi-     the  next  highest  number  of  votes  is  not  entitled  to 

interned  ^mbe^T  the  S6at  (I'  323>  32?'  45°'  463>  469j  VI>  58'  5^' 
disqualified  even  in  a  case  wherein  seasonable  notice  of  the  dis- 

qualification was  given  to  the  electors  (I,  460).     In 
the  event  of  the  death  of  a  Member-elect,  the  candidate  receiving  the 
next  highest  number  of  votes  is  not  entitled  to  the  seat  (VIj  152)  . 
Decisions  of  the  Supreme  Court  of  the  United  States  : 
Texas  v.  White,  7  Wall.,  721;  Boyd  v.  Nebraska,  143  U.  S.,  135. 

3  [Representatives  and  direct  Taxes  shall  be  appor- 
tioned among  the  several  States  which 

§  14.  The  old  provision  -,          •        111          •  ,  i   •          .  i    •        TT     • 

for  apportionment  of  may  be  included  within  this  Union, 
according  to  their  respective  Numbers, 
^^k  shaii  be  determined  by  adding 
to  the  whole  Number  of  free  persons,  including 
those  bound  to  Service  for  a  Term  of  Years,  and  ex- 
cluding Indians  not  taxed,  three  fifths  of  all  other 
Persons.]  *  *  * 

The  part  of  this  clause  relating  to  the  mode  of  apportionment  of 
Representatives  was  changed  after  the  Civil  War  by  section  2  of  the 
Fourteenth  Amendment  and  as  to  taxes  on  incomes  without  appor- 
tionment, by  the  Sixteenth  Amendment. 

*  *  *  The  actual  Enumeration  shall  be  made  within 
§15.  census  as  a  three  Years  after  the  first  Meeting  of 


the  Congress  of  the  United  States,  and 
apportionment.  within  every  subsequent  Term  of  ten 
Years,  in  such  Manner  as  they  shall  by  Law  direct. 
The  Number  of  Representatives  shall  not  exceed  one 
for  every  thirty  Thousand,  but  each  State  shall  have 
at  Least  one  Representative;  and  until  such  enumera- 
tion shall  be  made,  the  State  of  New  Hampshire 
shall  be  entitled  to  chuse  three,  Massachusetts  eight, 
Rhode-Island  and  Providence  Plantations  one,  Con- 

[8] 


CONSTITUTION  OP  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  2]  §§  16-18. 

necticut  five,  New- York  six,  New  Jersey  four,  Penn- 
sylvania eight,  Delaware  one,  Maryland  six,  Virginia 
ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

In  the  First  Congress  the  House  had  65  Members.  The  census  was 
taken  first  in  1790  and  every  10  years  since,  and  each  time,  except  in 
1920,  has  been  followed  by  reapportionment.  Membership  of  the 
House  increased  following  each  census,  except  that  of  1840,  until  1913 
when  the  number  435  was  attained  (VI,  39-40).  The  Act  of  June  18, 
1929  (46  Stat.  26),  as  amended  by  the  Act  of  November  15,  1941  (55 
Stat.  761),  provides  for  automatic  apportionment  of  the  number  (435) 
of  Members  among  the  States  according  to  the  new  census  (VI,  41-43). 
Public  Laws  85-508  (72  Stat.  339,  345)  and  86-3  (73  Stat.  4,  8) 
temporarily  increased  House  membership  to  437  upon  admission  of 
Alaska  and  Hawaii  into  the  Union  until  the  taking  effect  of  the  next 
reapportionment  on  January  3,  1963. 

Decisions  of  the  Supreme  Court  of  the  United  States : 
Dred  Scott  v.  Sandford,  19  Howard,  393;  Veazie  Bank  v.  Fenno, 
8  Wall.,   533;  Scholey  v.  Hew,  23  Wall.,  331;  De 
§16.  Decisions  of         Treville  v.  Smalls,  98  U.  S.,  517;  Gibbons  v.  District 
eCOUr"  of  Columbia,   116  U.  S.,  404;  Pollock  v.  Farmers, 

Loan  &  Trust  Co.  (Income  Tax  case),  157  U.  S.,  429;  Pollock  v.  Farm- 
ers' Loan  &  Trust  Co.  (Rehearing),  158  U.  S.,  601;  Thomas  v.  United 
States,  192  U.  S.,  363;  Flint  v.  Stone  Tracy  Co.,  220  U.  S.,  107;  Cor- 
poration Tax  cases,  220  U.  S.,  107;  Eisner  v.  Macomber,  252  U.  S.,  189; 
New  York  Trust  Co.  v.  Eisner,  256  U.  S.,  345. 

4  When  vacancies  happen  in  the  Representation 
§17.  writs  for  from  any  State,  the  Executive  Au- 
±lncfes£  thority  thereof  shall  issue  Writs  of 

representation.         Election  to  fill  such  vacancies. 

Vacancies  are  caused  by  death,  resignation,  declination,  withdrawal, 
or  by  action  of  the  House  in  declaring  a  vacancy  as  existing  or  causing 
one  by  expulsion. 

It  was  long  the  practice  to  notify  the  executive  of  the  State  when  a 
vacancy  was  caused  by  the  death  of  a  Member  dur- 
ing  a  session  (n>  H98-1202);  but  since  improve- 
ments  in  transportation  have  made  it  possible  for 
deceased  Members  to  be  buried  at  their  homes  it  has  been  the  practice 
for  State  authorities  to  take  cognizance  of  the  vacancies  without  notice. 
When  a  Member  dies  while  not  in  attendance  on  the  House  or  during 
a  recess  the  House  is  sufficiently  informed  of  the  vacancy  by  the 
credentials  of  his  successor,  when  they  set  forth  the  fact  of  the  death 

[9] 


CONSTITUTION  OF  THE  UNITED  STATES 
§  19.  [ARTICLE  I,  SECTION  23 

(I,  568).  The  death  of  a  Member-elect  creates  a  vacancy,  although,  no 
certificate  may  have  been  awarded  (I,  323),  and  in  such  a  case  the 
candidate  having  the  next  highest  number  of  votes  may  not  receive 
the  credentials  (I,  323;  VI,  152).  A  Member  whose  seat  was  contested 
dying,  the  House  did  not  admit  a  claimant  with  credentials  until  con- 
testant's claim  was  settled  (I,  326);  where  a  contestant  died  after  a 
report  in  his  favor,  the  House  unseated  the  returned  Member  and  de- 
clared the  seat  vacant  (II,  965),  and  in  a  later  case  the  contestant  hav- 
ing died,  the  committee  did  not  recommend  to  the  House  a  resolution 
it  had  agreed  to  declaring  he  had  not  been  elected  (VI,  112). 

In  recent  practice  the  Member  frequently  informs  the  House  by  letter 
that  his  resignation  has  been  sent  to  the  State  execu- 
tive  (I1'  H67-1176)  and  this  is  satisfactory  evidence 
of  the  resignation  (I,  567)  but  Members  have  re- 
signed by  letter  to  the  House  alone,  it  being  presumed  that  the  Member 
would  also  notify  his  Governor  (VI,  226) ,  and  where  a  Member  resigned 
by  letter  to  the  House  the  Speaker  was  authorized  to  notify  the  Gover- 
nor (Nov.  27,  1944,  p.  8450;  July  12,  1957,  p.  11536).  Where  a  Mem- 
ber does  not  inform  the  House  the  State  executive  may  do  so  (II,  1193, 
1194;  VI,  232).  But  sometimes  the  House  learns  of  a  Member's 
resignation  only  by  means  of  the  credentials  of  his  successor  (II,  1195, 
1356).  Where  the  fact  of  a  Member's  resignation  has  not  appeared 
either  from  the  credentials  of  his  successor  or  otherwise,  the  Clerk  has 
been  ordered  to  make  inquiry  (II,  1209),  or  the  House  has  ascertained 
the  vacancy  from  information  given  by  other  Members  (II,  1208). 
It  has  been  established  that  a  Member  or  Senator  may  resign,  appoint- 
ing a  future  date  for  his  resignation  to  take  effect,  and  until  the  arrival 
of  the  date  may  participate  in  the  proceedings  (II,  1220-1225,  1228, 
1229;  VI,  227,  228).  In  one  case  a  Member  who  had  resigned  was  not 
permitted  by  the  House  to  withdraw  the  resignation  (II,  1213),  but  the 
House  permitted  it  later  in  another  case  (VI,  229) .  Acceptance  of  the 
resignation  of  a  Member  of  the  House  is  unnecessary  (VI,  65,  226) ,  and 
the  refusal  of  a  Governor  to  accept  a  resignation  cannot  operate  to 
continue  membership  in  the  House  (VI,  65).  Only  in  a  single  excep- 
tional case  has  the  House  taken  action  in  the  direction  of  accepting  a 
resignation  (II,  1214).  Sometimes  Members  who  Jiave  resigned  have 
been  reelected  to  the  same  House  and  taken  seats  (II,  1210-1212,  1256). 
A  Member  who  has  not  taken  his  seat  has  resigned  (II,  1231).  A  letter 
of  resignation  is  presented  as  privileged  (II,  1167-1176);  but  a  resolu- 
tion to  permit  a  Member  to  withdraw  his  resignation  was  not  so 
treated  (II,  1213).  The  Speaker  having  been  elected  Vice  President 
and  a  Representative  of  the  succeeding  Congress  at  the  same  election, 

[10] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  2]  §§20-25. 

transmitted  to  the  Governor  of  his  State  his  resignation  as  a  Member- 
elect  (VI,  230,  453). 

A  Member  who  has  been  elected  to  a  seat  may  decline  to  accept  it, 
and  in  such  a  case  the  House  informed  the  executive 
of  the  State  of  the  vacancy  (II,  1234).  The  House 
has  decided  an  election  contest  against  a  returned 
Member  who  had  not  appeared  to  claim  the  seat  (I,  638).  In  one 
instance  a  Member-elect  who  had  been  convicted  in  the  courts  did  not 
appear  during  the  term  (IV,  4484,  footnote) . 

At  the  time  of  the  secession  of  several  States,  Members  of  the  House 
from  those  States  withdrew  (II,  1218).  In  the 
Senate,  in  cases  of  such  withdrawals,  the  Secretary 
was  directed  to  omit  the  names  of  the  Senators  from 
the  roll  (II,  1219),  and  the  act  of  withdrawal  was  held  to  create  a 
vacancy  which  the  legislature  might  recognize  (I,  383) . 

Where  the  House,  by  its  action  in  a  question  of  election  or  otherwise, 
creates  a  vacancy,  the  Speaker  is  directed  to  notify 

§22.  Vacancy  by  ^    Executive  Qf  the  gtate  (j   5Q2    709   824;  n    ^OS- 

action  of  the  House.         -AA-v  A  ,      ,.  ,  1  ^       J         ' 

1205).     A  resolution  as  to  such  notification  is  pre- 
sented as  a  question  of  privilege  (III,  2589). 

The  House  declines  to  give  prima  facie  effect  to  credentials,  even 
though  they  be  regular  in  form,  until  it  has  ascer- 

§  23.  Questions  as  to      tamed  whether  or  not  the  geat  ig  vacant  (I,  322,  518, 
the  existence  of  a  .  ,  _    '          '          ' 

vacancy.  ^65,  569),  and  a  person  returned  as  elected  at  a  sec- 

ond election  was  unseated  on  ascertainment  that 
another  person  had  actually  been  chosen  at  the  first  election  (I,  646). 
The  term  "vacancy"  as  occurring  in  this  paragraph  of  the  Consti- 
tution has  been  examined  in  relation  to  the  functions 
§24.  Functions  of        of  the  State  executive  (I,  312,  518).     A  federal  law 
the  state  executive       empowers  the  States  and  Territories  to  provide  by 

in  filling  vacancies.         ,          ,,        ,.  „     ,  ,  .        /T     -f/»\ 

law  the  tunes  of  elections  to  fill  vacancies  (I,  516); 
but  an  election  called  by  a  governor  in  pursuance  of  constitutional  au- 
thority was  held  valid  although  no  state  law  prescribed  time,  place,  or 
manner  of  such  election  (I,  517).  Where  two  candidates  had  an  equal 
number  of  votes,  the  governor  did  not  issue  credentials  to  either,  but 
ordered  a  new  election  after  they  had  waived  their  respective  claims 
(I,  555). 

§  25.  Term  of  a  ^  member  elected  to  fill  a  vacancy  serves  no  longer 

Member  elected  to       time  than  the  remainder  of  the  term  of  the  Member 
mi  a  vacancy.  whose  place  he  fills  (I,  3). 


(Ill 


CONSTITUTION  OF  THE  UNITED  STATES 
§§26-28.  [ARTICLE  I,  SECTION  2] 

5  The  House  of  Representatives  shaR 
thesp^kerand        chuse  their  Speaker  and  other  Officers; 

other  officers.  $.        ^         % 

The  officers  of  the  House  are  the  Speaker,  who  has  always  been  one  of 
its  Members  and  whose  term  as  Speaker  must  expire  with  his  term  as  a 
Member;  and  the  Clerk,  Sergeant-at-Arms,  Doorkeeper,  Postmaster, 
and  Chaplain  (I,  187),  no  one  of  whom  has  ever  been  chosen  from  the 
membership  of  the  House,  and  who  continue  in  office  until  their  succes- 
sors are  chosen  and  qualified  (I,  187),  in  one  case  continuing  through 
the  entire  Congress  succeeding  that  in  which  they  were  elected  (I,  244, 
263).  The  House  formerly  provided  by  special  rule  that  the  Clerk 
should  continue  in  office  until  another  should  be  chosen  (I,  187,  188, 
235,  244) ;  and  in  later  years  the  statutes  have  imposed  on  the  Clerk, 
Sergeant-at-Arms,  and  Doorkeeper  duties  which  contemplate  their 
continuance  (I,  14,  15). 

The  Speaker,  who  was  at  first  elected  by  ballot,  has  been  chosen  by 
•  viva  voce  vote  on  a  roll  call  since  1839  (I,   187), 

election If  Ts^ker.  In  1809  the  House  held  that  a  Speaker  should  be 
elected  by  a  majority  of  all  present  (I,  215) ;  and 
in  1879  it  was  held  that  a  majority  of  all  the  membership  of  the  House 
was  not  required,  but  only  a  majority  of  those  present  if  a  quorum 
(I,  216).  On  two  occasions,  by  special  rule,  Speakers  were  chosen  by 
a  plurality  of  votes;  but  in  each  case  the  House  by  majority  vote 
adopted  a  resolution  declaring  the  result  (I,  221,  222).  The  House 
has  declined  to  choose  a  Speaker  by  lot  (I,  221) .  The  contest  over  the 
election  of  a  Speaker  in  1923  was  resolved  after  procedure  for  adoption 
of  rules  for  the  68th  Congress  had  been  presented  (VI,  24). 

The  Speaker  having  died  during  the  recess  of  Congress,  the  Clerk 
.  M  xr  ,  .  at  the  next  session  called  the  House  to  order,  ascer- 

§  28.  Vacancies  in  ,    .       ,     , ,  ,  ,      ,  , 

the  office  of  Speaker,  tamed  the  presence  of  a  quorum,  and  then  the 
House  proceeded  to  elect  a  successor  (I,  234). 
Speaker  Joseph  W.  Byrns  having  died  during  a  session  of  Congress 
but  not  while  the  House  was  sitting,  the  Clerk  on  the  following  day 
called  the  House  to  order  and  his  successor,  Hon.  William  B.  Bank- 
head,  was  elected  by  resolution  (June  4,  1936,  p.  9016).  Speaker 
Bankhead  was  the  second  Speaker  to  die  during  a  session  of  the  House, 
although  neither  died  while  the  House  was  sitting.  The  Clerk  on 
the  following  day  called  the  House  to  order  and  Hon.  Sam  Rayburn 
was  elected  by  resolution  (Sept.  16,  1940,  p.  12231).  Form  of  resolu- 

[12] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  2]  §§29-31. 

tion  offered  on  death  of  a  Speaker  (September  16,  1940,  p.  12232)  and 
a  former  Speaker  (VIII,  3564).  A  resolution  declaring  vacant  the 
office  of  Speaker  is  presented  as  a  matter  of  high  constitutional  privi- 
lege (VI,  35) .  A  proposition  to  elect  a  Speaker  is  in  order  at  any  time 
and  presents  a  question  of  the  highest  privilege  (VIII,  3383) .  Speakers 
have  resigned  by  rising  in  their  place  and  addressing  the  House  (I, 
231,  233),  by  calling  a  Member  to  the  Chair  and  tendering  the  resig- 
nation verbally  from  the  floor  (I,  225),  or  by  sending  a  letter  which 
the  Clerk  reads  to  the  House  at  the  beginning  of  a  new  session  (I,  232) . 
When  the  Speaker  resigns  no  action  of  the  House  excusing  him  from 
service  is  taken  (I,  232).  In  one  instance  a  Speaker  resigned  on  the 
last  day  of  the  Congress,  and  the  House  elected  a  successor  for  the 
day  (I,  225).  Instance  wherein  the  Speaker,  following  a  vote  upon 
an  essential  question  indicating  a  change  in  the  party  control  of  the 
House,  announced  that  under  the  circumstances  it  was  incumbent 
upon  the  Speaker  to  resign  or  to  recognize  for  a  motion  declaring 
vacant  the  office  of  Speaker  (VI,  35). 

The  effect  of  a  law  to  regulate  the  action  of  the 
§  29.  Power  of  House  House  in  choosing  its  own  officers  has  been  discussed 
to  elect  its  officers  as  (IV,  3819),  and  such  a  law  has  been  considered  of 
related  to  law.  doubtful  validity  (V,  6765,  6766)  in  theory  and 

practice  (I,  241,  242).  An  amendment  to  the 
Legislative  Reorganization  Act  of  1946  was  enacted  by  the  Eighty- 
third  Congress  (2  TJ.  S.  C.  §  75a-l)  authorizing  temporary  appoint- 
ments by  the  Speaker  to  fill  vacancies  in  the  offices  of  Clerk,  Sergeant 
at  Arms,  Doorkeeper,  Postmaster,  or  Chaplain.  Under  this  authority 
the  Speaker  in  the  Eighty-third  Congress  appointed  a  temporary 
Sergeant  at  Arms  (January  6,  1954,  p.  8). 

The  office  of  Clerk  becoming  vacant,  it  was  held  that  the  House 

would  not  be  organized  for  business  until  a  Clerk 
§  30.  Election  of          should  be  elected  (I,  237) ;  but  in  another  instance 
cierk  in  relation  to      some  business  intervened  before  a  Clerk  was  elected 
usiness.  ^   ^g^      ^  the  time  of  organization,  while  the 

Clerk  of  the  preceding  House  was  yet  officiating,  and  after  the  Speaker 
had  been  elected,  the  House  proceeded  to  legislation  and  other  busi- 
ness before  electing  a  Clerk  (I,  242,  244).  But  in  one  case  it  was  held 
that  the  law  of  1789  bound  the  House  to  elect  the  Clerk  before  pro- 
ceeding to  business  (I,  241). 

*     *     *    and  [the  House  of  Represent- 

§  31.  House  of  Bep.  .  L  ^ 

resentatives  alone          atlVCSJ     Shall     hSiVB     the     8016     POWQT     OI 

impeaches.  Impeachment. 

In  1868  the  Senate  ceased  in  its  rules  to  describe  the  House,  acting 
in  an  impeachment,  as  the  "grand  inquest  of  the  nation"  (III,  2126). 

[13] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  32^35.  [ARTICLE  I,  SECTION  3 J 

SECTION  3.  l  [The  Senate  of  the  United  States  shall 
be  composed  of  two  Senators  from  each 
votes  of     State,  chosen  by  the  Legislature  thereof, 
senators.  £or  ^  Years;  and  each  Senator  shall 

have  one  Vote.] 

This  provision  has  now  been  changed  by  the  Seventeenth  Amend- 
ment to  the  Constitution. 

2  Immediately  after  they  shall  be  assembled  in 

Consequence  of  the  first  Election,  they 

§33.  Division  of  "*  '  ^ 

the  senate  into  shall  be  divided  as  equally  as  may  be 
dasses"  into  three  classes.  The  Seats  of  the 

Senators  of  the  first  Class  shall  be  vacated  at  the 
Expiration  of  the  second  Year,  of  the  second  Class 
at  the  Expiration  of  the  fourth  Year,  and  of  the  third 
Class  at  the  Expiration  of  the  sixth  Year,  so  that 
Fmin  ofTa  one-third  may  be  chosen  every  second 
canciesmthe  Year;  [and  if  Vacancies  happen  by 
senate.  Resignation,  or  otherwise,  during  the 

Recess  of  the  Legislature  of  any  State,  the  Execu- 
tive thereof  may  make  temporary  Appointments 
until  the  next  Meeting  of  the  Legislature,  which 
shall  then  fill  such  Vacancies.] 

That  part  of  the  above  paragraph  in  brackets  was  changed  by  the 

Seventeenth  Amendment. 

3  No  person  shall  be  a  Senator  who  shall  not  have 
§  35.  Qualification     attained  to  the  Age  of  thirty  Years,  and 
of  senators.  been,  nine  Years  a  Citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  Inhab- 
itant of  that  State  for  which  he  shall  be  chosen. 

In  1794  the  Senate  decided  that  Albert  Gallatin  was  disqualified,  not 
having  been  a  citizen  nine  years  although  he  had  served  in  the  war  of 
Independence  and  was  a  resident  of  the  country  when  the  Constitution 

[14] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  3]  §§86-88. 

was  formed  (I,  428) ;  and  in  1849  that  James  Shields  was  disqualified, 
not  having  been  a  citizen  for  the  required  time  ( 1, 429) .  But  in  1870  the 
Senate  declined  to  examine  as  to  H.  R.  Revels,  a  citizen  under  the 
recently  adopted  fourteenth  amendment  (I,  430).  As  to  Inhabitancy 
the  Senate  seated  one  who,  being  a  citizen  of  the  United  States,  had 
been  an  inhabitant  of  the  State  from  which  he  was  appointed  for  less 
than  a  year  (I,  437).  Also  one  who,  while  stationed  in  a  State  as  an 
army  officer  had  declared  his  intention  of  making  his  home  in  the  State, 
was  admitted  by  the  Senate  (I,  438).  A  Senator  who  at  the  time  of 
his  election  was  actually  residing  in  the  District  of  Columbia  as  an 
officeholder,  but  who  voted  in  his  old  home  and  had  no  intent  of  making 
the  District  his  domicile,  was  held  to  be  qualified  (I,  439). 

4  The  Vice  President  of  the  United 
L^^ws^te.681"  States  shall  be  President  of  the  Senate, 
but  shall  have  no  Vote,  unless  they  be 
equally  divided. 

The  right  of  the  Vice-President  to  vote  has  been  construed  to  extend 
to  questions  relating  to  the  organization  of  the  Senate  (V,  5975),  as  the 
election  of  officers  of  the  Senate  (V,  5972-5974),  or  a  decision  on  the 
title  of  a  claimant  to  a  seat  (V,  5976,  5977).  The  Senate  has  declined 
to  make  a  rule  relating  to  the  vote  of  the  Vice-President  (V,  5974). 

§37.  choice  of  5  The  Senate  shall  chuse  their  other 

president  pro  tem-     Officers,    and    also    a    President    pro 

pore  and  other  •  '  A 

officers  of  the          tempore,  in  the  Absence  of  the  Vice 
Senate"  President,  or  when  he  shall  exercise 

the  Office  of  President  of  the  United  States. 

6  The  Senate  shall  have  the  sole  Power  to  try  all  Im- 
peachments.   When   sitting   for   that 
Purpose,   they   shall  be   on   Oath   or 
Affirmation.     When  the  President  of 
the  United  States  is  tried,  the  Chief 
Justice  shall  preside:  And  no  Person  shall  be  con- 
victed without  the  Concurrence  of  two  thirds  of  the 
Members  present. 

[15] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  39-41.  [ARTICLE  I,  SECTION  3] 

In  1868,  after  mature  consideration,  the  Senate  overruled  the  old 
view  of  its  functions  (III,  2057),  and  decided  that  it  sat  for  impeach- 
ment trials  as  the  Senate  and  not  as  a  court  (III,  2057),  and  eliminated 
from  its  rules  all  mention  of  itself  as  a  "high  court  of  impeachment" 
(III,  2079,  2082). 

An  anxiety  lest  the  Chief  Justice  might  have  a  vote  in  the  approach- 
ing trial  of  the  President  seems  to  have  prompted 
§39.  Tbepre-  this  action  (III,  2057).  There  was  examination  of 

siding  officer.  the  question  of  the  Chief  Justice's  power  to  vote  (III, 

2098);  but  the  Senate  declined  to  declare  his  inca- 
pacity to  vote,  and  he  did  in  fact  give  a  casting  vote  on  incidental 
questions  (III,  2067).  The  Senate  declined  to  require  that  the  Chief 
Justice  be  sworn  when  about  to  preside  (III,  2080);  but  the  Chief 
Justice  had  the  oath  administered  by  an  associate  justice  (III,  2422). 

In  impeachments  for  officers  other  than  the  President  of  the  United 
States  the  presiding  officer  of  the  Senate  presides,  whether  he  be  Vice- 
President,  the  regular  President  pro  tempore  (III,  2309,  footnote,  2337, 
2394)  or  a  special  President  pro  tempore  chosen  to  preside  at  the  trial 
only  (III,  2089,  2477). 

Senators  elected  after  the  beginning  of  an  impeachment  trial  are 

sworn  as  in  the  case  of  other  Senators  (III,  2375). 

quorum!   '  ^  The  quorum  of  the  Senate  sitting  for  an  impeachment 

trial  is  a  quorum  of  the  Senate  itself,  and  not  merely 

a  quorum  of  the  Senators  sworn  for  the  trial  (III,  2063).     In  1868, 

when  certain  States  were  without  representation,  the  Senate  declined 

to  question  its  competency  to  try  an  impeachment  case  (III,  2060) . 

7  Judgment  in  Cases  of  Impeachment  shall  not 
f  ,  T  J  extend  further  than  to  removal  from 

§  41.  Judgment 

in  cases  of  Office,  and  disqualification  to  hold  and 

impeachment.  enjoy  any  Office  of  honor,  Trust  or 
Profit  under  the  United  States:  but  the  Party  con- 
victed shall  nevertheless  be  liable  and  subject  to 
Indictment,  Trial,  Judgment  and  Punishment, 
according  to  Law. 

There  has  been  discussion  as  to  whether  or  not  the  Constitution 
requires  both  removal  and  disqualification  on  conviction  (III,  2397)  ; 
but  in  the  case  of  Pickering  the  Senate  decreed  only  removal  (III,  2341). 

[16] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTIONS  3,  4]  §§42,43. 

In  the  case  of  Humphreys,  judgment  of  both  removal  and  disqualifica- 
tion was  pronounced  (III,  2397).    The  question  on  removal  and  dis- 
qualification has  been  held  divisible  for  the  vote  (III,  2397;  VI,  512). 
Decisions  of  the  Supreme  Court  of  the  United  States: 
Langford  v.  U.  S.,  101  II.  S.,  342;  Kilbourn  v.  Thompson,  103  U.  S., 
190;  Legal  Tender  cases,  12  Wall.,  535. 


SECTION  4.  ^he  Times,  Places  and  Manner  of 
RAet  „.  ,  holding  Elections  for  Senators  and 

§  42.  Times,  places* 

and  manner  of  Representatives,  shall  be  prescribed  in 
R^r^totives  each  State  by  the  Legislature  thereof; 
ana  senators.  but  tlie  Congress  may  at  any  time  by 

Law  make  or  alter  such  Regulations,  except  as  to 
the  places  of  chusing  Senators. 

The  relative  powers  of  the  Congress  and  the  States  under  this 
paragraph  have  been  the  subject  of  much  discussion  (I,  311,  313,  507, 
footnote)  ;  but  Congress  has  in  fact  fixed  by  law  the  time  of  elections 
(I,  508;  VI,  66),  and  has  controlled  the  manner  to  the  extent  of  pre- 
scribing a  ballot  or  voting  machine  (II,  961;  VI,  150).  When  a  State 
delegated  to  a  municipality  the  power  to  regulate  the  manner  of  holding 
an  election,  a  question  arose  (II,  975)  .  A  question  as  to  whether  or  not 
a  State,  in  the  absence  of  action  by  Congress,  might  make  the  time  of 
election  of  Congressmen  contingent  on  the  time  of  the  State  election 
(I,  522)  .  This  paragraph  does  not  give  Congress  power  to  regulate  party 
primaries  or  conventions  for  designating  candidates  for  the  Senate 
(Newberry  v.  U.  S.,  256  U.  S.,  232;  U.  S.  v.  Wurzbach,  280  U.  S.,  396). 

The  meaning  of  the  word  "legislature"  in  this  clause  of  the  Consti- 
§  43.  Functions  of  a  tution  has  been  the  subject  of  discussion  (II,  856),  as 
State  legislature  in  to  whether  or  not  it  means  a  constitutional  conven- 
fixing  time,  etc.,  of  tion  as  well  as  a  legislature  in  the  commonly  accepted 
elections.  meaning  of  the  word  (I,  524).  The  House  has  sworn 

in  Members  chosen  at  an  election  the  time,  etc.,  of  which  was  fixed  by 
the  schedule  of  a  constitution  adopted  on  that  election  day  (I,  519, 
520,  522).  But  the  House  held  that  where  a  legislature  has  been  in 
existence  a  constitutional  convention  might  not  exercise  the  power 
(I,  363,  367).  It  has  been  argued  generally  that  the  legislature  derives 
the  power  herein  discussed  from  the  Federal  and  not  the  State  Con- 
stitution (II,  856,  947),  and  therefore  that  the  State  constitution  might 

[17] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  44^6.  [ARTICLE  I,  SECTIONS  4,  5] 

not  in  this  respect  control  the  State  legislature  (II,  1133).  The  House 
has  sustained  this  view  by  its  action  (I,  525).  But  where  the  State 
constitution  fixed  a  date  for  an  election  and  the  legislature  had  not 
acted,  although  it  had  the  opportunity,  the  House  held  the  election 
valid  (II,  846). 
Decisions  of  the  Supreme  Court  of  the  United  States: 

Ex  parte  Siebold,  100  U.  S.,  371;  Ex  parte  Clarke, 
§44  Decisions  1QO  n  ^  39g.  Ex  parte  Yarbrough,  110  U.  S.,  651; 

of  the  court.  Jn  re  ^  m  ^    ^  ?31.  Qhio  y    Hildebranty  241 

TJ.  S.,  565;  U.  S.  v.  Mosley,  238  U.  S.,  383;  U.  S.  v.  Gradwell,  243 
U.  S.,  476;  Newberry  v.  U.  S.,  256  U.  S.,  232;  Smiley  v.  Holm,  285 
U.  S.,  355;  U.  S.  v.  Classic,  313  U.  S.,  299;  Smith  v.  Allwright,  321 
TJ.  S.  649. 

2  [The  Congress  shall  assemble  at  least  once  in 
§45.  Annual  meet.  ^^J  Year,  and  such  Meeting  shall  be 
ing  of  congress.  on  ^  firs£  Monday  in  December,  un- 

less they  shall  by  law  appoint  a  different  Day.] 

This  provision  of  the  Constitution  has  been  superseded  by  the 
twentieth  amendment. 

In  the  later  but  not  the  earlier  practice  (I,  5),  prior  to  the  twentieth 
amendment,  the  fact  that  Congress  had  met  once  within  the  year  did 
not  make  uncertain  the  constitutional  mandate  to  meet  on  the  first 
Monday  of  December  (I,  6,  9-11).  Early  Congresses,  convened  either 
by  proclamation  or  law  on  a  day  earlier  than  the  constitutional  day, 
remained  in  continuous  session  to  a  time  beyond  that  day  (I,  6,  9-1  1)  . 
But  in  the  later  view  an  existing  session  ends  with  the  day  appointed 
by  the  Constitution  for  the  regular  annual  session  (II,  1160).  Con- 
gress has  frequently  appointed  by  law  a  day  for  the  meeting  (I,  4,  5, 
10-12,  footnote;  see  also  §  279,  footnote). 

SECTION  5.  l  Each  House  shall  be  the 
Judge  of  the  Elections,  Returns  and 
Qualifications  of  its  own  Members, 


The  House  has  the  same  authority  to  determine  the  right  of  a  Dele- 
gate to  his  seat  that  it  has  in  the  case  of  a  Member  (I,  423)  .  The 
House  may  not  delegate  the  duty  of  judging  its  elections  to  another 
tribunal  (I,  608),  and  the  courts  of  a  State  have  nothing  to  do  with  it 

[18] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  53  §§  47-50. 

(II,  959) .  The  House  has  once  examined  the  relations  of  this  power  to 
the  power  to  expel  (I,  469) . 

As  nearly  all  the  laws  governing  the  elections  of  Representatives  in 
§  47.  Power  of  Congress  are  State  laws,  questions  have  often  arisen 

judging  as  related  as  to  the  relation  of  this  power  of  judging  to  those 
to  state  laws  as  laws  (I,  637) .  The  House  decided  very  early  that  the 

to  returns.  certificate  of  a  State  executive  issued  in  strict 

accordance  with  State  law  does  not  prevent  examination  of  the  votes 
by  the  House  and  a  reversal  of  the  return  (I,  637) .  The  House  has  also 
held  that  it  is  not  confined  to  the  conclusions  of  returns  made  up  in 
strict  conformity  to  State  law,  but  may  examine  the  votes  and  correct 
the  returns  (I,  774) ;  and  the  fact  that  a  State  law  gives  canvassers  the 
right  to  reject  votes  for  fraud  and  irregularities  does  not  preclude  the 
House  from  going  behind  the  returns  (II,  887) . 

When  the  question  concerns  not  the  acts  of  returning  officers,  but  the 
§48.  Power  of  ac*  °^  *^e  voter  *n  giving  ^s  vote,  the  House  has 

judging  as  related  found  more  difficulty  in  determining  on  the  proper 
to  state  laws  as  exercise  of  its  constitutional  power.  While  the 

to  acts  of  the  voter.  House  has  always  acted  on  the  principle  of  giving 
expression  to  the  intent  of  the  voter  (I,  575,  639,  641;  II,  1090),  yet  in 
its  later  practice  it  has  held  that  a  mandatory  State  law,  even  though 
arbitrary,  may  cause  the  rejection  of  a  ballot  on  which  the  intent  of 
the  voter  is  plain  (II,  1009,  1056,  1077,  1078,  1091). 

Where  the  State  courts  have  upheld  a  State  election  law  as  constitu- 
§49  Power  of  tional  the  House  does  not  ordinarily  question  the 

House  as  related  law  (II,  856,  1071).  But  where  there  has  been  no 
to  constitutionality  such  decision  the  House,  in  determining  its  election 
of  state  laws.  cases,  has  passed  on  the  validity  of  State  laws  under 

State  constitutions  (II,  1011,  1134),  and  has  acted  on  its  decision  that 
they  were  unconstitutional  (II,  1075,  1126),  but  it  is  not  the  policy 
of  the  House  to  pass  upon  the  validity  of  State  election  laws  alleged 
to  be  in  conflict  with  the  State  constitution  (VI,  151). 

The  courts  of  a  State  have  nothing  to  do  directly  with  judging  the 
5  so  Eff  t  f  elections,  qualifications,  and  returns  of  Hepresenta- 

interpretation  of  tives  in  Congress  (II,  959),  but  where  the  highest 
state  election  State  court  has  interpreted  the  State  law  the  House 

laws  by  state  bas  concluded  that  it  should  generally  be  governed 

courts'  by  this  interpretation  (I,  645,  731;  II,  1041,  1048), 

but  does  not  consider  itself  bound  by  such  interpretations  (VI,  58). 
The  House  is  not  bound,  however,  by  a  decision  on  an  analogous  but  not 
the  identical  question  in  issue  (II,  909) ;  and  where  the  alleged  fraud  of 

[19] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§51-54.  [ARTICLE  I,  SECTION  53 

election  judges  was  in  issue,  the  acquittal  of  those  judges  in  the  courts 
was  held  not  to  be  an  adjudication  binding  on  the  House  (II,  1019). 
The  statutes  of  the  United  States  provide  specific  methods  for  institu- 
s «  Laws  of  tion  °*  a  contest  as  to  the  title  to  a  seat  in  the  House 

Congress  not  (I,  678,  697-706)  (2  U.  S.  C.  201  et  seq.);  but  the 

binding  on  the  House  regards  this  law  as  not  of  absolute  binding 

House  in  its  force,  but  rather  a  wholesome  rule  not  to  be  departed 

function  of  from  except  for  cause  (I,  597,  719,  825,  833),  and  it 

judging  its  sometimes    by   resolution    modifies    the    procedure 

elections.  prescribed  by  the  law  (I,  449,  600). 

Decisions  of  the  Supreme  Court  of  the  United  States: 
In  re  Loney,  134  U.  S.,  317;  Reed  v.  County  Commissioners,  277 
U.  S.,  376;  Barry  v.  U.  S.  ex.  rel.  Cunningham,  279  U.  S.,  597. 

*  *  *  and  a  Majority  of  each  [House]  shall  con- 
§52.  The  stitute  a  Quorum  to  do  Business;  but 

quorum.  a  smaller  Number  may  adjourn  from 

day  to  day,  and  may  be  authorized  to  compel  the 
Attendance  of  absent  Members,  in  such  Manner,  and 
under  such  Penalties  as  each  House  may  provide. 

Out  of  conditions  arising  between  1861  and  1891  the  rule  was  estab- 
§53  inte  reta  lished  that  a  majority  of  the  Members  chosen  and 

tion of theCon-  living  constituted  the  quorum  required  by  the  Con- 

stitution as  to  stitution  (IV,  2885-2888) ;  but  later  examination  has 

number  constituting  resulted  in  a  decision  confirming  in  the  House  of 
a  quorum.  Representatives  the  construction  established  in  the 

Senate  that  a  quorum  consists  of  a  majority  of  Senators  duly  chosen 
and  sworn  (I,  630;  IV,  2891-2894).  So  the  decision  of  the  House  now 
is  that  after  the  House  is  once  organized  the  quorum  consists  of  a 
majority  of  those  Members  chosen,  sworn,  and  living  whose  membership 
has  not  been  terminated  by  resignation  or  by  the  action  of  the  House 
(IV,  2889,  2890;  VI,  638). 

For  many  years  the  quorum  was  determined  only  by  noting  the  num- 
§54.  The  theory  bers  of  Members  voting  (IV,  2896,  2897),  with  the 
of  the  quorum  result  that  Members  by  refusing  to  vote  could  often 

present;  and  the  break  a  quorum  and  obstruct  the  public  business  (II, 
count  by  the  1Q34;  IV,  2895,  footnote;  V,  5744) .  But  in  1890  Mr. 

Speaker'  Speaker  Reed  directed  the  Clerk  to  enter  on  the  Jour- 

nal as  part  of  the  record  of  a  yea-and-nay  vote  names  of  Members  present 
but  not  voting,  thereby  establishing  a  quorum  of  record  (IV,  2895). 

[20] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  5]  §55. 

This  decision,  afterwards  sustained  by  the  Supreme  Court  (IV,  2904), 
established  the  principle  that  a  quorum  present  made  valid  any  action 
by  the  House,  although  an  actual  quorum  might  not  vote  (I,  216,  foot- 
note ;  IV,  2932) .  And  thenceforth  the  point  of  order  as  to  a  quorum  was 
required  to  be  that  no  quorum  was  present  and  not  that  no  quorum  had 
voted  (IV,  2917).  At  the  time  of  the  establishment  of  this  principle 
the  Speaker  revived  the  count  by  the  Chair  as  a  method  of  determining 
the  presence  of  a  quorum  at  a  time  when  no  record  vote  was  ordered 
(IV,  2909).  The  Speaker  has  permitted  his  count  of  a  quorum  to  be 
verified  by  tellers  (IV,  2888),  but  did  not  concede  it  as  a  right  of  the 
House  to  have  tellers  under  the  circumstances  (IV,  2916;  VI,  647-651; 
VIII,  2369,  2436) ,  claiming  that  the  Chair  might  determine  the  presence 
of  a  quorum  in  such  manner  as  he  should  deem  accurate  and  suitable 
(IV,  2932).  The  Chair  counts  all  members  in  sight,  whether  in  the 
cloak  rooms,  or  within  the  bar  (IV,  2970;  VIII,  3120).  Later,  as  the 
complement  to  the  new  view  of  the  quorum,  the  early  theory  that  the 
presence  of  a  quorum  is  as  necessary  during  debate  or  other  business  as 
on  a  vote  was  revived  (IV,  2935-2949) ;  also,  a  line  of  rulings  made  under 
the  old  theory  were  overruled,  and  it  was  established  that  the  point  of 
no  quorum  might  be  made  after  the  House  had  declined  to  verify  a 
division  by  tellers  or  the  yeas  and  nays  (IV,  2918-2926). 

The  absence  of  a  quorum  having  been  disclosed,  there  must  be  a  quorum 
of  record  before  the  House  may  proceed  to  business 
§  55.  Relations  of         (Iy  2952  2953 ;  VI,  624,  660,  662),  and  the  point  of 
the  quorum  to  acts          v       '  '  ?^         -j_-,J  JM.       Ai_        u 

of  the  House.  no  Quorum  mav  no"t  t>e  withdrawn  after  the  absence 

of  a  quorum  has  been  ascertained  and  announced  by 
the  Chair  (IV,  2928-2931;  VI,  657).  But  when  an  action  has  been 
completed,  it  is  too  late  to  make  the  point  of  order  that  a  quorum  was 
not  present  when  it  was  done  (IV,  2927;  VI,  655) .  But  where  action  re- 
quiring a  quorum  was  taken  in  the  ascertained  absence  of  a  quorum  by 
ruling  of  a  Speaker  pro  tempore,  the  Speaker  on  the  next  day  ruled  that 
the  action  was  null  and  void  (IV,  2964;  see  also  VIII,  3161) .  But  such 
absence  of  a  quorum  should  appear  from  the  Journal  if  a  legislative 
act  is  to  be  vacated  for  such  reason  (IV,  2962),  and  where  the  assump- 
tion that  a  quorum  was  present  when  the  House  acted  was  uncontra- 
dicted  by  the  Journal,  it  was  held  that  this  assumption  might  not  be 
overthrown  by  expressions  of  opinion  by  Members  individually 
(IV,  2961).  A  point  of  no  quorum,  may  prevent  the  report  of  the 
Chairman  of  a  Committee  of  the  Whole  (VI,  666).  If  a  question  as  to 
a  quorum  is  raised  before  the  reading  of  the  Journal,  a  quorum  must  be 
ascertained  before  the  reading  may  begin  (IV,  2732,  2733;  VI,  625, 

62581° — H.  Doc.  459,  SO--2 3         [21] 


CONSTITUTION  OF  THE  UNITED 
§§56^59.  [ARTICLE  I,  SECTION  5] 

629),  and  a  point  of  no  quorum  may  be  made  at  any  time  before 
reading  is  completed  (VI,  624).  While  messages  are  received  in  the 
absence  of  a  quorum  they  are  not  read  (IV,  3522;  V,  6600,  6650;  VIII, 
3339).  No  motion  is  in  order  on  the  failure  of  a  quorum  but  the 
motions  to  adjourn  and  for  a  call  of  the  House  (IV,  2950;  VI,  680), 
and  the  motion  to  adjourn  has  precedence  over  the  motion  for  a  call 
of  the  House  (VIII,  2642).  A  call  of  the  House  is  in  order  under  the 
Constitution  in  the  absence  of  other  rule  (IV,  2981).  Those  present 
on  a  call  of  the  House  may  prescribe  a  fine  as  a  condition  on  which 
an  arrested  Member  may  be  discharged  (IV,  3013,  3014),  but  this  is 
rarely  done.  A  quorum  is  not  required  on  motions  incidental  to  a  call 
of  the  House  (IV,  2994;  VI,  681). 

At  the  time  of  organization  the  two  Houses  inform  one  another  of 
§  56.  Relations  of  *^e  appearance  of  the  quorum  in  each,  and  the  two 
the  quorum  to  Houses  jointly  inform  the  President  (I,  198-203). 

organization  of  the  A  message  from  one  House  that  its  quorum  has 
House.  appeared  is  not  delivered  in  the  other  until  a  quorum 

has  appeared  there  also  (I,  126).  But  at  the  beginning  of  a  second 
session  of  a  Congress  the  House  proceeded  to  business,  although  a 
quorum  had  not  appeared  in  the  Senate  (I,  126).  At  the  beginning  of 
a  second  session  of  a  Congress  unsworn  Members-elect  were  taken  into 
account  in  ascertaining  the  presence  of  a  quorum  (I,  175).  In  both 
Houses  the  oath  has  been  administered  to  Members-elect  in  the  absence 
of  a  quorum  (I,  174,  181,  182;  VI,  22),  although  in  one  case  the  Speaker 
objected  to  such  proceedings  (II,  875).  Prayer  by  the  Chaplain  is  not 
business  requiring  the  presence  of  a  quorum  and  the  Speaker  declines 
to  entertain  a  point  of  no  quorum  before  prayer  is  offered  (VI,  663). 
§  57.  Decisions  of  Decisions  of  the  Supreme  Court  of  the  United 
the  court.  States:  United  States  v.  Ballin,  144  U.  S.,  1;  Kil- 

bourn  v.  Thompson,  103  U.  S.,  190;  Burton  v.  U.  S.,  202  U.  S.,  344. 

§58.  The  House  2  Each   House   may   determine    the 

determinesitsrules.  Of  ItS  *     *     * 


The  power  of  each  House  of  Representatives  to  make  its  own  rules 

may  not  be  impaired  or  controlled  by  the  rules  of  a 

§59.  Power  to  make     preceding  House  (I,  187,  210;  V,  6002,  6743-6747), 

^lel^w^        or  by  a  law  Passed  by  a  Prior  Congress  (I,  82,  245; 

IV,  3298,  3579;  V,  6765,  6766).     The  ordinary  rights 

and  functions  of  the  House  under  the  Constitution  are  exercised  in 

[22] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  5J  §§60,61. 

accordance  with  the  rules  (III,  2567),  and  under  later  decisions  ques- 
tions of  so-called  constitutional  privilege  should  also  be  considered  in 
accordance  with  the  rules  (VI,  48;  VII,  889;  Apr.  8,  1926,  p.  7147). 
But  a  law  passed  by  an  existing  Congress  with  the  concurrence  of  the 
House  has  been  recognized  by  that  House  as  of  binding  force  in  matters 
of  procedure  (V,  6767,  6768) .  In  exercising  its  constitutional  power  to 
change  its  rules  the  House  may  confine  itself  within  certain  limitations 
(V,  6756;  VIII,  3376);  but  the  attempt  of  the  House  to  deprive  the 
Speaker  of  his  vote  as  a  Member  by  a  rule  was  successfully  resisted 
(V,  5966,  5967).  While  a  law  of  1789  requires  the  election  of  a  Clerk 
before  the  House  proceeds  to  business  yet  the  House  has  held  that  it 
may  adopt  rules  before  electing  a  Clerk  (I,  245).  While  the  Speaker 
ceases  to  be  an  officer  of  the  House  with  the  expiration  of  a  Congress, 
the  Clerk,  by  old  usage,  continues  in  a  new  Congress  (I,  187,  188,  235, 
244).  The  House  has  adopted  a  rule  before  election  of  a  Speaker 
(I,  94,  95) ;  but  in  1839  was  deterred  by  the  law  of  1789  and  the  Con- 
stitution from  adopting  rules  before  the  administration  of  the  oath  to 
Members-elect  (I,  140).  The  earlier  theory  that  an  officer  might  be 
empowered  to  administer  oaths  by  a  rule  of  either  House  has  been 
abandoned  in  later  practice  and  the  authority  has  been  conferred  by 
law  (III,  1823, 1824,  2079,  2303,  2479)  (2  U.  S.  C.  191). 

Before  the  adoption  of  rules  the  House  is  governed  by  general  parlia- 
mentary law,  but  the  Speakers  have  been  inclined  to 
?ive  weiSht  to  the  Precedents  of  the  House  in  modify- 
adoption  of  rules.  mS  ^^  usual  constructions  of  that  law  (V,  6758- 
6760;  VIII,  3384;  January  3,  1953,  p.  24). 

The  general  parliamentary  law  as  understood  in  the  House  is  founded 
on  Jefferson's  Manual  and  modified  by  the  practice  of  American  legis- 
lative assemblies,  especially  of  the  House  of  Representatives  (V,  6761- 
6763;  January  3,  1953,  p.  24),  but  the  provisions  of  the  House's 
accustomed  rules  are  not  necessarily  followed  (V,  5509,  5604). 

The  two  Houses  of  Congress  adopted  in  the  early  years  of  the  Govern- 

ment  joint  rules  to  govern  their  procedure  in  matters 

es"          requiring  concurrent  action;  but  in  1876  these  joint 

rules  were  abrogated  (IV,  3430;  V,  6782-6787).     The  most  useful  of 

their  provisions  continue  to  be  observed  in  practice,  however  (IV,  3430; 

V,  6592). 

Decisions  of  the  Supreme  Court  of  "the  United  States:  U.  S.  v. 
Smith,  286  U.  S.,  6;  Christoffel  v.  U.  S.,  338  U.  S.,  84;  U.  S.  v.  Bryan, 
339  U.  S.,  323. 

[23] 


CONSTITUTION  OF  THE  UNITED  STATER 
§§  62.64.  [ARTICLE  I,  SECTION  5] 

*     *     *     [Each  House  may]  punish  its  Members 
for   disorderly   Behaviour,    and,    with 
'  the  Concurrence  of  two  thirds,  expel 


Members. 

The  two  methods  of  punishment  have  been  censure  and  expulsion. 

In  action  for  censure  the  House  has  discussed  as  to 

§  63.  Punishment         whether  or  not  the  principles  of  the  procedure  of  the 

by  censure.  courts  ghould  be  fonowed   (n,   1255).     In  one  in- 

stance, pending  consideration  of  a  resolution  to  censure  a  Member, 

the  Speaker  informed  him  that  he  should  retire  (II,  1366),  but  this  is 

not  usual,  and  Members,  against  whom  resolutions  have  been  pend- 

ing have  participated  in  debate,  either  by  consent  (II,  1656)  or  with- 

out question  as  to  consent  (II,  1246,  1253).     A  Member  against  whom 

a  resolution  of  censure  was  pending  was  asked  by  the  Speaker  if  he 

desired  to  be  heard  (VI,  236)  .     But  after  the  House  had  voted  censure 

and  the  Member  has  been  brought  to  the  bar  by  the  Sergcant-at-Arms 

to  be  censured,  it  was  held  that  he  might  not  then  be  heard  (II,  1259). 

A  resolution  of  censure  should  not  apply  to  more  than  one  Member 

(II,  1240,  1621).     Censure  is  inflicted  by  the  Speaker  (II,  1259)  and 

the  words  are  entered  in  the  Journal  (II,  3251,  1656;  VI,  236),  but  the 

Speaker  may  not  pronounce  censure  except  by  order  of  the  House 

(VI,  237).     When  Members  have  resigned  pending  proceedings  for 

censure,  the  House  has  nevertheless  adopted  the  resolutions  of  censure 

(II,    1239,    1273,    1275,    1656).      Members    have    been  censured  for 

personalities  and  other  disorder  in  debate  (II,  1251,  1253,  1254,  1259), 

assaults  on  the  floor  (II,  1665),  for  presenting  a  resolution  alleged  to 

be  insulting  to  the  House  (II,  1246),  and  for  corrupt  acts  (II,  1274, 

1286).    For  abuse  of  the  leave  to  print,  the  House  censured  a  Member 

after  a  motion  to  expel  him  had  failed  (VI,  236).     In  one  instance 

Members  were  censured  for  acts  before  the  election  of  the  then  existing 

House   (II,    1286).     A  proposition  to   censure  is  not   germane   to   a 

proposition  to  expel  (VI,  236). 

The  power  of  expulsion  has  been  the  subject  of  much  discussion  (I, 
469,  476,  481;  II,  1264,   1265,   1269;  VI,   56,  398). 

In  °ne  CaSe  a  Member-elect  who  had  not  taken  the 
oa&h  was  expelled  (II,  1262),  and  in  another  case 
the  power  to  do  this  was  discussed  (I,  476).  In  one  instance  the 
Senate  assumed  to  annul  its  action  of  expulsion  (II,  1243).  The  Su- 
preme Court  has  decided  that  a  judgment  of  conviction  under  a  dis- 
qualifying statute  does  not  compel  the  Senate  to  expel  (II,  1282).  The 

[24] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  5]  §§  65-67. 

power  of  expulsion  in  its  relation  to  offenses  committed  before  the 
Members'  election  has  been  discussed  (II,  1286),  and  in  one  case  the 
Judiciary  Committee  of  the  Souse  concluded  that  a  Member  might 
not  be  punished  for  an  offense  alleged  to  have  been  committed  against 
a  preceding  Congress  (II,  1283) ;  but  the  House  itself  declined  to  ex- 
press doubt  as  to  its  power  to  expel  and  proceeded  to  inflict  censure 
(II,  1286).  But  this  case  is  exceptional,  and  in  general  both  Houses 
have  distrusted  their  power  to  punish  in  such  cases  (II,  1264,  1284, 
1285,  1288,  1289;  VI,  56,  238).  It  has  been  held  that  the  power  of 
the  House  to  expel  one  of  its  Members  is  unlimited;  a  matter  purely 
of  discretion  to  be  exercised  by  a  two-thirds  vote,  from  which  there  is 
no  appeal  (VI,  78).  The  resignation  of  the  accused  Member  has  al- 
ways caused  a  suspension  of  proceedings  for  expulsion  (II,  1275,  1276, 
1279;  VI,  238). 

The  House,  in  a  proceeding  for  expulsion,  declined  to  give  the  Mem- 
§  65  Proc  dor  f  ker  a  ^^  ^  ^e  ^ar  (**»  1275) ;  but  the  Senate  has 
expulsion!6  "^  ^  permitted  counsel  to  appear  at  its  bar  (II,  1263),  al- 
though it  declined  to  grant  a  request  for  a  specific 
statement  of  charges  or  compulsory  process  for  witnesses  (II,  1264). 
Members  threatened  with  expulsion  have  been  heard  on  their  own  be- 
half by  consent  (II,  1273,  1275),  or  as  a  matter  of  right  (II,  1269,  1286). 
In  general,  there  has  been  discussion  as  to  whether  or  not  the  principles 
of  the  procedure  of  the  courts  should  be  followed  (II,  1264).  The 
Senate  once  expelled  several  Senators  by  a  single  resolution  (II,  1266) . 
Members  and  Senators  have  been  expelled  for  treason  (II,  1261),  for 
high  misdemeanor  inconsistent  with  public  duty  (II,  1263),  for  friend- 
ship or  association  with  enemies  of  the  Government  and  absence  from 
their  seats  (II,  1269,  1270),  and  for  bearing  arms  against  the  Govern- 
ment (II,  1267). 

§66.  Propositions  •&*  proposition  to  censure  or  expel  a  Member  pre- 

for  punishment  sents  a  question  of  privilege  (II,  1254;  III,  2648- 

entertainedasof  2651;  VI,  236).  A  proposition  to  censure  is  not 
privilege.  germane  to  a  proposition  to  expel  (VI,  236). 

A  resolution  providing  that  the  House  immediately  proceed  to 
consider  whether  a  Member  should  be  expelled  presents  a  question  of 
privilege  (Speaker  Clark,  Dec.  9,  1913,  pp.  584-586). 

Decisions  of  the  Supreme  Court  of  the  United  States: 

.  Anderson  v.  Dunn,  6  Wh.,  204 ;  Kilbourn  v.  Thomp- 

Leco^!*10  son,  103  U.  S.,   168;  United  States  v.  Ballin,   144 

U.  S.,  1;  In  re  Chapman,  166  U.  S.,  661;  Burton  v. 
U.  S.,  202  U.  S.,  344. 

[25] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§68-72.  [ARTICLE  I,  SECTION  5] 

3  Each  House  shall  keep  a  Journal  of  its  Proceed- 
§68.  Each  House  ings,  and  from  time  to  time  publish 
to  keep  a  journal.  fa^  same,  excepting  such  Parts  as  may 
in  their  Judgment  require  Secrecy;  *  *  * 

The  Journal  and  not  the  Congressional  Record  is  the  official  record 
of  the  proceedings  of  the  House  (IV,  2727).  Its 
nature  and  functions  have  been  the  subject  of 
extended  discussions  (IV,  2730,  footnote).  The 
House  has  fixed  its  title  (IV,  2728).  While  it  ought  to  be  a  correct 
transcript  of  the  proceedings  of  the  House,  the  House  has  not  insisted 
on  a  strict  chronological  order  of  entries  (IV,  2815).  The  Journal  is 
dated  as  of  the  legislative  and  not  the  calendar  day  (IV,  2746) . 

The  Journal  records  proceedings  but  not  the  reasons  therefor  (IV, 
§70.  Journal  a  2811)  or  the  circumstances  attending  (IV,  2812),  or 

record  of  the  statements  or  opinions  of  Members  (IV,  2817- 

proceedings  and  not  2820).  Exceptions  to  this  rule  are  rare  (IV,  2808, 
of  reasons.  2825) .  Protests  have  on  rare  occasions  been  admitted 

by  the  action  of  the  House  (IV,  2806,  2807),  but  the  entry  of  a  protest 
on  the  Journal  may  not  be  demanded  by  a  Member  as  a  matter  of  right 
(IV,  2798)  and  such  demand  does  not  present  a  question  of  privilege 
(IV,  2799). 

The  House  controls  its  Journal  and  may  decide  what  are  proceedings, 
§  71.  House's  even  to  the  extent  of  omitting  things  actually  done 

absolute  control  of  or  recording  things  not  done  (IV,  2784;  VI,  634); 
entries  in  the  and  the  Speaker  entertained  a  motion  to  amend  it  so 

Journal.  ^  ^Q  cause  ft  ^o  state  what  was  not  the  fact,  leaving 

it  for  the  House  to  decide  on  the  propriety  of  the  act  (IV,  2785) ,  hold- 
ing that  he  could  not  prevent  a  majority  of  the  House  from  so  amending 
the  Journal  as  to  undo  an  actual  transaction  (IV,  3091-3093).  And 
only  in  rare  instances  the  House  has  nullified  proceedings  by  rescinding 
the  records  of  them  in  the  Journal  (IV,  2787),  the  House  and  Senate 
usually  insisting  on  the  accuracy  of  its  Journal  (IV,  2783,  2786).  In 
rare  instances  the  House  and  Senate  have  rescinded  or  expunged  entries 
in  Journals  of  preceding  Congresses  (IV,  2730,  footnote,  2792,  2793). 
The  Journal  should  record  the  result  of  every  vote  and  state  in 
§72  Record  of  general  terms  the  subject  of  it  (IV,  2804);  but  the 

vote's  m  the  Journal.  resul*  of  a  vote  is  recorded  in  figures  only  when  the 
yeas  and  nays  are  taken  (IV,  2827) ,  or  when  a  vote  is 
taken  by  ballot,  it  having  been  determined  in  latest  practice  that  the 
Journal  should  show  not  only  the  result  but  the  state  of  the  ballot  or 
ballots  (IV,  2832).  The  Journal  does  not  record  the  names  of  Mem- 
bers not  voting  (VI,  637). 

[26] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  5],  §§  73-76. 

It  is  the  uniform,  practice  of  the  House  to  approve  its  Journal  for 
each  legislative  day  (IV,  2731).  Where  Journals  of 
u»  jouraaT"1  °f  m°re  than  one  session  remain  unapproved,  they 
are  taken  up  for  approval  in  chronological  order 
(IV,  2771-2773) .  In  ordinary  practice  the  Journal  is  approved  by  the 
House  without  the  formal  putting  of  the  motion  to  vote  (IV,  2774). 
Transaction  of  any  business,  however  highly  privileged  is  not  in  order 
before  reading  and  approval  of  the  Journal  (IV,  2751;  VI,  629,  637). 
Reading  is  dispensed  with  only  by  unanimous  consent  (VI,  625),  or 
suspension  of  the  rules  (IV,  2747-2750)  and  must  be  in  full  when 
demanded  by  any  Member  (IV,  2739-2741 ;  VI,  627-628;  Feb.  22,  1950, 
p.  2152).  It  may  not  be  read  or  approved  in  absence  of  a  quorum 
(IV,  2732,  2733;  VI,  629)  and  yields  to  simple  motion  to  adjourn  (IV, 
2757) ,  a  parliamentary  inquiry  (VI,  624),  administration  of  oath  (I, 
171,  172),  an  arraignment  of  impeachment  (VI,  469),  and  questions 
of  privilege  (II,  1630). 

The  motion  to  amend  the  Journal  takes  precedence  of  the  motion  to 

approve  it  (IV,  2760;  VI,  633);  but  the  motion  to 

§74.  Motions  to          amend   may  not   be  admitted  after  the  previous 

amend  the  Journal.  .      ,  ,     .  , .         ,  /TTT 

question  is  demanded  on  a  motion  to  approve  (IV, 
2770;  VI,  633;  VIII,  2684).  An  expression  of  opinion  as  to  a  decision 
of  the  Chair  was  held  not  in  order  as  an  amendment  to  the  Journal  (IV, 
2848).  A  proposed  amendment  to  the  Journal  being  tabled  does  not 
carry  the  Journal  with  it  (V,  5435,  5436).  While  a  proposed  correction 
of  the  Journal  may  be  recorded  in  the  Journal,  yet  it  is  not  in  order  to 
insert  in  full  in  this  indirect  way  what  has  been  denied  insertion  in  the 
first  instance  (IV,  2782,  2804,  2805).  The  earlier  practice  was  other- 
wise, however  (IV,  2801-2803).  The  Journal  of  the  last  day  of  a  ses- 
sion is  not  approved  on  the  assembling  of  the  next  session,  and  is  not 
ordinarily  amended  (IV,  2743,  2744). 

*     *     *     and  the  Yeas  and  Nays  of  the  Members 
of  either  House  on  any  question  shall,  at 

§75.  Teas  and  nays 

entered  on  the         the  Desire  of  one  fifth  of  those  Present, 
journal.  ^  entered  on  the  Journal. 

The  yeas  and  nays  may  be  ordered  before  the  organization  of  the 
House  (I,  91;  V,  6012,  6013),  but  are  not  taken  in 
Committee  <*  the  Whole  (IV,  4722,  4723).  They 
are  no*  necessarily  taken  on  the  passage  of  a  reso- 
lution proposing  an  amendment  to  the  Constitution 

[27] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§77,78.  [ARTICLE  I,  SECTION  5] 

(V,  7038,  7039;  VIII,  3506),  but  are  required  to  pass  a  bill  over  a  veto 
(§  101;  VII,  1110).  In  the  earlier  practice  of  the  House  it  was  held 
that  less  than  a  quorum  might  not  order  the  yeas  and  nays,  but  for 
many  years  the  decisions  have  been  uniformly  the  other  way  (V,  6016- 
6028).  Neither  is  a  quorum  necessary  on  a  motion  to  reconsider  the 
vote  whereby  the  yeas  and  nays  are  ordered  (V,  5693).  When  a 
quorum  fails  on  a  yea  and  nay  vote  it  is  the  duty  of  the  Speaker  and 
the  House  to  take  notice  of  that  fact  (IV,  2953,  2963,  2988),  and  the 
call  of  the  House  is  automatic  under  the  rule,  and  the  Speaker  directs 
the  roll  to  be  called  without  motion  from  the  floor  (VI,  678,  679,  694, 
695).  If  the  House  adjourns  the  order  for  the  yeas  and  nays  remains 
effective  whenever  the  bill  again  comes  before  the  House  (V,  6014, 
6015;  VI,  740;  VIII,  3108),  and  it  has  been  held  that  the  question  of 
consideration  might  not  intervene  on  a  succeeding  day  before  the  second 
calling  of  the  yeas  and  nays  (V,  4949) . 

The  yeas  and  nays  may  be  demanded  while  the  Speaker  is  announcing 
the  result  of  a  division  (V,  6039),  while  a  vote  by 

tellers  is  beinS  taken  (V>  6038)>  and  even  aft^r  ft* 
announcement  of  the  vote  if  the  House  has  not  passed 
to  other  business  (V,  6040,  6041;  VIII,  3110).  But  after  the  Speaker 
has  announced  the  result  of  a  division  on  a  motion  and  is  in  the  act  of 
putting  the  question  on  another  motion  it  is  too  late  to  demand  the  yeas 
and  nays  on  the  first  motion  (V,  6042) .  And  it  is  not  in  order  during 
the  various  processes  of  a  division  to  repeat  a  demand  for  the  yeas  and 
nays  which  has  once  been  refused  by  the  House  (V,  6029,  6030,  6031). 
The  constitutional  right  of  a  Member  to  demand  the  yeas  and  nays 
may  not  be  overruled  as  dilatory  (V,  5737;  VIII,  3107) ;  but  this  con- 
stitutional right  does  not  exist  as  to  a  vote  to  second  a  motion  when  such 
second  is  required  by  the  rules  (V,  6032-6036;  VIII,  3109).  The  right 
to  demand  the  yeas  and  nays  is  not  waived  by  the  fact  that  the  Member 
demanding  them  has  just  made  the  point  of  no  quorum  and  caused  the 
Chair  to  count  the  House  (V,  6044). 

In  passing  on  a  demand  for  the  yeas  and  nays  the  Speaker  need 
determine  only  whether  one-fifth  of  those  present 
sustaln  the  demand  (V,  6043;  VIII,  3112,  3115). 
In  ascertaining  whether  one-fifth  of  those  present 
support  a  demand  for  the  yeas  and  nays  the  Speaker  counts  the  entire 
number  present  and  not  merely  those  who  rise  to  be  counted  (VIII, 
3111,  3120).  Such  count  is  not  subject  to  verification  and  a  request  for 
a  rising  vote  of  those  opposed  to  the  demand  is  not  in  order  (VIII, 
3112r-3114).  After  the  House,  on  a  vote  by  tellers,  has  refused  to  order 

[28] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  5)  §§79-82. 

the  yeas  and  nays  it  is  too  late  to  demand  the  count  of  the  negative 
on  an  original  rising  vote  (V,  6045). 

A  motion  to  reconsider  the  vote  ordering  the  yeas  and  nays  is  in  order 
§  79.  Reconsidera-  (v»  60295  VIII>  2790),  and  the  vote  may  be  recon- 
tion  of  the  vote  sidered  by  a  majority.  If  the  House  votes  to 

ordering  the  yeas  reconsider  the  yeas  and  nays  may  again  be  ordered 
and  nays.  by  one-fiftll  (y?  5689-5691).  But  when  the  House, 

having  reconsidered,  again  orders  the  yeas  and  nays,  a  second  motion 
to  reconsider  may  not  be  made  (V,  6037) .  In  one  instance  it  was  held 
that  the  yeas  and  nays  might  be  demanded  on  a  motion  to  reconsider 
the  vote  whereby  the  yeas  and  nays  were  ordered  (V,  5689),  but  evi- 
dently there  must  be  a  limit  to  this  process.  The  vote  whereby  the 
yeas  and  nays  are  refused  may  be  reconsidered  (V,  5692). 

In  the  general  but  not  the  universal  practice  debate  has  not  been 
closed  by  the  ordering  of  the  yeas  and  nays  until  one 
Member  has  responded  to  the  call  (V,  6101-6105, 
6160,  6161).  A  motion  to  adjourn  may  be  admitted 
after  the  yeas  and  nays  are  ordered  and  before  the 
roll  call  has  begun  (V,  5366) ;  and  a  motion  to  suspend  the  rules  has 
been  entertained  after  the  yeas  and  nays  have  been  demanded  on 
another  matter  (V,  6835).  Consideration  of  a  conference  report  (V, 
6457) ,  and  a  motion  to  reconsider  vote  by  which  the  yeas  and  nays  were 
ordered  (V,  6029;  VIII,  2790)  may  be  admitted.  A  demand  for  tellers 
or  for  a  division  is  not  precluded  or  set  aside  by  the  fact  that  the  yeas 
and  nays  are  demanded  and  refused  (V,  5998;  VIII,  3103). 
Decisions  of  the  Supreme  Court  of  the  United  States: 

Field  v.  Clark,  143  U.  S.,  649;  United  States  v. 

tVe  JuTSl°  Ballin>  144  U-  S->  *;  Twin  Citv  Bank  »•  Nebeker, 

167  U.  S.,  196;  Wilkes  County  v.  Coler,  180  U.  S., 
506;  Marshall  v.  Gordon,  243  U.  S.,  521. 

4  Neither  House,  during  the  Session  of  Congress, 
shall,  without  the  Consent  of  the  other. 

§  82.  Adjournment  .      ;  TIT 

for  more  than  three     ad j  ourn  f  or  more  than  three  days,  nor  to 
days"  any  other  Place  than  that  in  which  the 

two  Houses  shall  be  sitting. 

The  word  "Place"  in  the  above  paragraph  was  construed  to  mean 
the  seat  of  Government,  and  consent  of  the  Senate  is  not  required 
where  the  House  orders  its  meetings  to  be  held  in  another  structure 

[29] 


CONSTITUTION  OF  THE  UNITED  STATES 
5§83,84.  [ARTICLE  I,  SECTION  5] 

at  the  seat  of   Government   (Speaker  Ray  burn,   August   17,    1949, 
p.  11651,  11683). 

On  November  22,  1940,  p.  13715,  the  House  of  Representatives 
adopted  a  resolution  providing  that  thereafter  until  otherwise  ordered 
its  meetings  be  held  in  the  Caucus  room  of  the  new  House  Office  Build- 
ing. Likewise  the  Senate  on  the  same  day,  p.  13709,  provided  that  its 
meetings  be  held  in  the  Chamber  formerly  occupied  by  the  Supreme 
Court  in  the  Capitol.  The  two  Houses  continued  to  hold  their  sessions 
in  these  rooms  until  the  opening  of  the  77th  Congress.  These  actions 
were  necessitated  because  of  the  precarious  condition  of  the  roofs  in  the 
two  Chambers.  On  June  28,  1949,  p.  8571,  and  on  September  1,  1950, 
p.  14140,  the  House  provided  that  until  otherwise  ordered  its  meetings 
be  held  in  the  Caucus  room  of  the  new  House  Office  Building,  pending 
the  remodeling  of  its  Chamber.  On  June  29,  1949,  p.  8584,  and  on 
August  9,  1950,  p.  12106,  the  Senate  provided  that  its  meetings  be  held 
in  the  Chamber  formerly  occupied  by  the  Supreme  Court  in  the  Capitol, 
pending  remodeling  of  its  Chamber.  The  House  returned  to  its 
Chamber  on  January  3,  1950,  and  again  on  January  1,  1951.  The 
Senate  returned  to  its  Chamber  on  January  3,  1950,  and  again  on 
January  3,  1951. 

The  House  of  Representatives  in  adjourning  for  not  "more  than  three 

days"  must  take  into  the  count  either  the  day  of  ad- 

§  83.  Adjournment       journing  or  the  day  of  meeting,  and  Sunday  is  not 

of  the  House  within     taken  into  account  in  making  this  computation  (V, 

the  three-day  limit.        ^^    ^^      The    House    ^    by    gtanding    Qrder 

provided  that  it  should  meet  on  two  days  only  of  each  week  instead  of 
daily  (V,  6675).  Before  the  election  of  Speaker  the  House  has  ad- 
journed for  more  than  one  day  (I,  89,  221). 

Congress  is  adjourned  for  more  than  three  days  by  a  concurrent  res- 
olution (IV,  4031,  footnote).     When  it  adjourns  in 
§  84.  Resolutions         thig  waVj  but  not  to  or  beyond  the  day  fixed  by  Con- 
for  adjournment  of      stitution  or  law  for  the  next  regular  session  to  begin, 
the  two  Houses.  ,,  .  ,   ,,         ,  ..      ,          .  ,  /•«••/ 

the  session  is  not  thereby  necessarily  terminated  (V, 
6676,  6677).  Until  the  Sixty-seventh  Congress  neither  House  had  ever 
adjourned  for  more  than  three  days  by  itself  with  the  consent  of  the 
other,  but  resolutions  had  been  offered  for  the  accomplishment  of  that 
end  (V,  6702,  6703).  On  June  30,  1922,  the  House  adjourned  until 
August  15,  1922,  with  the  consent  of  the  Senate.  Pursuant  to  a  con- 
current resolution  (House  Concurrent  Resolution  266)  the  Senate 
granted  its  consent  to  an  adjournment  sine  die  of  the  House  on  August 
20, 1954,  and  the  House  granted  its  consent  to  the  Senate  to  an  adjourn- 
ment sine  die  at  any  time  prior  to  December  25,  1954.  The  Senate 
acting  under  the  authority  of  the  aforementioned  resolution  adjourned 
sine  die  on  December  2,  1954.  On  one  occasion  the  two  Houses  pro- 
vided for  an  adjournment  to  a  certain  day,  with  a  provision  that  if 
there  should  be  no  quorum  present  on  that  day  the  session  should 

[30] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTIONS,  5,  6]  §§85-87. 

terminate  (V,  6686).  The  two  Houses  have  adjourned  to  a  certain 
day,  with  a  provision  that  they  may  be  reassembled  by  the  Leader- 
ship if  legislative  expediency  so  required  such  reassembling  (July 
8,  1943,  p.  7516;  June  23,  1944,  p.  6667;  Sept.  21,  1944,  p.  8109;  July 
18,  1945,  p.  7733;  July  26,  1947,  p.  10521;  June  20,  1948,  p.  9348;  and 
August  7,  1948,  p.  10247).  A  concurrent  resolution  to  provide  for  ad- 
journment for  more  than  three  days  is  offered  in  the  House  as  a  matter 
of  privilege  (V,  6701-6706),  and  is  not  debatable  (VIII,  3372-3374). 
The  Legislative  Reorganization  Act  of  1946  provides  for  sine  die  ad- 
journment, except  in  time  of  war  or  during  a  national  emergency 
proclaimed  by  the  President,  not  later  than  the  last  day  of  July  (Sun- 
days excepted)  each  year  unless  otherwise  provided  by  the  Congress 
(§  940). 

A  resolution  providing  for  an  adjournment  sine  die  is  not  debatable 
(VIII,  3372-3374). 

SECTION  6.  1  The  Senators  and  Representatives 
§  ss.  compensation  shall  receive  a  Compensation  for  their 
of  Members.  Services,  to  be  ascertained  by  Law, 

and  paid  out  of  the  Treasury  of  the  United  States. 
*  *  * 

This  compensation  has  been  ascertained  by  law  at  various  times, 

the  present  rate  being  fixed  at  $22,500  a  year  (2 
§  86.  Salary,  mUeage,  U.  S.  C.  31).  This  rate  is  received  by  Members, 
and  deductions.  Delegates,  and  the  Resident  Commissioner  from 

Puerto  Rico.  The  compensation  of  the  Speaker 
and  Vice  President  is  at  the  rate  of  $35,000  a  year  and  $10,000  per 
annum  to  assist  in  defraying  expenses  (2  U.  S.  C.  31,  31b;  3  U.  S.  C. 
104,  111).  The  Members  receive  mileage  at  the  rate  of  20  cents  per 
mile  estimated  by  the  nearest  route  usually  traveled  in  going  to  and 
returning  from  each  regular  session  (II,  1159,  1160,  2  U.  S.  C.  43). 
The  statutes  also  provide  for  deductions  from  the  pay  of  Members 
and  Delegates  who  are  absent  from  the  sessions  of  the  House  for  rea- 
sons other  than  illness  of  themselves  and  families,  or  who  retire  before 
the  end  of  the  Congress  (2  U.  S.  C.  39;  IV,  3011,  footnote).  The  law 
as  to  deductions  has  been  held  to  apply  only  to  Members  who  have 
taken  the  oath  (II,  1154).  Members  and  Delegates  are  paid  monthly 
on  certificate  of  the  Speaker.  The  Sergeant-at-Arms,  or  in  case  of 
his  disability  the  Treasurer  of  the  United  States,  disburses  the  pay  of 
Members  (31  U.  S.  C.  148). 

Questions  have  arisen  frequently  as  to  compensation  of  Members, 

especially  in  cases  of  Members  elected  to  fill  vacan- 
§  87.  Questions  as  to  cies  (I,  500;  II,  1155)  and  where  there  have  been 
compensation.  questions  as  to  incompatible  offices  (I,  500)  or  titles 

to  seats  (II,  1206). 

[31] 


CONSTITUTION  OF  THE  UNITED   STATES 
§§88-91.  [ARTICLE  I,  SECTION  61 

Each  Member,  Delegate,  and  the  Resident  Commissioner  from 
Puerto  Rico  receives  tin  allowance  annually  for 
§  88.  Stationery,  stationery,  telegraph,  telephone  toll  charges,  and 

telephone,  and  clerk  stamps  and  the  Clerk  maintains  a  stationery  room 
hireaiiowance.  f^  gupplying  articles  (II,  1161,  1102;  2  U.  S.  C.  42a, 

42b,  46b,  46f).  Clerk  hire  is  provided  for  each  Member,  Delegate, 
and  Resident  Commissioner  at  the  rate  of  $17,500  ($20,000  if  the 
constituency  is  five  hundred  thousand  or  more)  per  annum,  no  employee 
to  receive  a  base  salary  in  excess  of  $7,000  per  annum  (2  U.  S.  C. 
60g-l). 

Decisions  of  the  courts: 

Page  t;.  U.  S.,  127  U.  S.,  67;  Shelley  v.  U.  S.,  10  Ct.  CL,  653;  Wilson  v. 
U.  S.,  44  Ct.  CL,  428. 

*  *  *  They    [the    Senators    and    Representatives] 

shall    in    all    Cases,    except    Treason, 

§89.  privilege  of       Felony,  and  Breach  of  the  Peace,  be 

Members  from  arrest.          ••tit*  A  i  /t 

privileged  from  Arrest  during  their 
Attendance  at  the  Session  of  their  respective  Houses, 
and  in  going  to  and  returning  from  the  same;  *  *  * 

The  word  "felony"  in  this  provision  has  been  interpreted  not  to  refer 
to  a  delinquency  in  a  matter  of  debt  (III,  2676),  and 
§  90.  Assertions  of  "treason,  felony,  and  breach  of  the  peace"  have  been 
construed  to  meiin  a11  indictable  crimes  (III,  2673). 
The  courts  have  discussed  and  sustained  the  privilege 
of  the  Member  in  going  to  and  returning  from  the  session  (III,  2674)  ; 
and  where  a  person  assaulted  a  Member  on  his  way  to  the  House,  al- 
though at  a  place  distant  therefrom,  the  House  arrested  him  on  warrant 
of  the  Speaker,  arraigned  him  at  the  bar  and  committed  him  (II,  1626, 
1628).  Other  assaults  under  these  circumstances  have  been  treated 
as  breaches  of  privilege  (II,  1645)  .  Where  a  Member  had  been  arrested 
and  detained  under  mesne  process  in  a  civil  suit  during  a  recess  of 
Congress,  the  House  decided  that  he  was  entitled  to  discharge  on  the 
assembling  of  Congress,  and  liberated  him  and  restored  him  to  his  seat 
by  the  hands  of  its  own  officer  (III,  2676).  Service  of  process  is  dis- 
tinguished from  arrest  in  civil  cases  and  related  historical  data  are 
collected  in  Long  v.  Ansell,  293  U.  S.  76. 

* 


.«.  ,  . 

privileged  from          bate  in  either  House,  they  [the  Senators 
r°  debate.    ^^  Representatives]  shall  not  be  ques- 


tioned in  any  other  place. 

This  privilege  as  to  "any  speech  or  debate"  applies  generally  to 
"things  done  in  a  session  of  the  House  by  one  of  its  Members  in  relation 

[32] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  6]  §§  92-94. 

to  the  business  before  it"  (II,  1655;  III,  2675).  For  assaulting  a  Mem- 
ber for  words  spoken  in  debate,  Samuel  Plouston,  not  a  Member,  was 
arrested,  tried,  and  censured  by  the  House  (II,  1616-1619).  Where 
Members  have  assaulted  other  Members  for  words  spoken  in  debate 
(II,  1656),  or  proceeded  by  duel  (II,  1644),  or  demanded  explanation  in 
a  hostile  manner  (II,  1644),  the  House  has  considered  the  cases  as  of 
privilege.  A  communication  addressed  to  the  House  by  an  official  in 
an  Executive  Department  calling  in  question  words  uttered  by  a  Mem- 
ber in  debate  was  criticised  as  a  breach  of  privilege  and  withdrawn 
(III,  2684).  An  explanation  having  been  demanded  of  a  Member  by 
a  person  not  a  Member  for  a  question  asked  of  the  latter  when  a  witness 
before  the  House,  the  matter  was  considered  but  not  pressed  as  a 
breach  of  privilege  (III,  2681).  A  letter  from  a  person  supposed  to 
have  been  assailed  by  a  Member  in  debate,  asking  properly  and  without 
menace  if  the  speech  was  correctly  reported,  was  held  to  involve  no 
question  of  privilege  (III,  2682).  Unless  it  be  clear  that  a  Member 
has  been  questioned  for  words  spoken  in  debate,  the  House  declines  to 
act  (II,  1620;  III,  2680). 

For  assaulting  a  Member,  Charles  C.  Glover  was  arrested,  arraigned 
at  the  bar  of  the  House,  and  censured  by  the  Speaker  by  direction  of 
the  House,  although  the  provocation  of  the  assault  was  words  spoken 
in  debate  in  the  previous  Congress  (VI,  333). 

Decisions  of  the  Supreme  Court  of  the  United  States : 

Cox  v.  M'Clenachan,  3  Dall.,  478;  U.  S.  v.  Cooper, 
§92.  Decisions  of  4  DalLj  341;  Rilbourn  Vm  Thompson,  103  U.  S.,  168; 
the  court.  Williamson  v.  U.  S.,  207  U.  S.,  425;  Prigg  v.  Penn- 

sylvania, 16  Pet.,  619;  Burton  v.  U.  S.,  196  U.  S.,  295;  Bolton  v.  Martin, 
1  Dall.,  296;  U.  S.  v.  Kirby,  7  Wall.,  486;  Anderson  v.  Dunn,  6  Wheat., 
215;  Marshall  v.  Gordon,  243  U.  S.  521. 

2  No  Senator  or  Representative  shall,  during  the 
Time  for  which  he  was  elected,  be  ap- 

§  93.  Restriction  on  .  ,  /~v      «i     /-\YY*  i          j_l 

appointment  of  pointed  to  any  Civil  Office  under  the 
Members  too  ce.  Authority  of  the  United  States,  which 
shall  have  been  created,  or  the  Emoluments  whereof 
shall  have  been  encreased  during  such  time ;  *  *  * . 

In  a  few  cases  questions  have  arisen  under  this  paragraph  (I,  506, 
footnote) . 

*     *     *     and  no  Person  holding  any 
L9toM  oLfunTer     Office  under  the  United  States,  shall  be 

the  United  States.          &    Member    Qf 

Continuance  in  Office. 

[33] 


CONSTITUTION  OF  THE  UNITED   STATES 
§§95,96.  [ABTICLE  I,  SECTION  6J 

The  meaning  of  the  word  "office"  as  used  in  this  paragraph  has  been 
discussed  (I,  185,  417,  478,  493;  II,  993;  VI,  60,  64),  as  has  also  the 
general  subject  of  incompatible  offices  (I,  563). 

The  Judiciary  Committee  has  concluded  that  members  of  commis- 
sions created  by  law  to  investigate  and  report,  but 
having  no  legislative,  executive,  or  judicial  powers, 
and  visitors  to  academies,  regents,  directors,  and 
trustees  of  public  institutions,  appointed  under  the  law  by  the  Speaker, 
are  not  officers  within  the  meaning  of  the  Constitution  (I,  493).  Mem- 
bership on  joint. committees  created  by  statute  is  not  an  office  in  the 
contemplation  of  the  Constitutional  provision  prohibiting  Members  of 
Congress  from  holding  simultaneously  other  offices  under  the  United 
States  (VII,  2164).  A  Member  of  either  House  is  eligible  to  appoint- 
ment to  any  office  not  forbidden  him  by  law,  the  duties  of  which  are 
not  incompatible  with  those  of  a  Member  (VI,  63)  and  the  question  as 
to  whether  a  Member  may  be  appointed  to  the  Board  of  Managers  of 
the  Soldiers'  Home  and  become  local  manager  of  one  of  the  Homes,  is 
a  matter  for  the  decision  of  Congress  itself  (VI,  63).  The  House  has 
also  distinguished  between  the  performance  of  paid  services  for  the 
Executive  (I,  495),  like  temporary  service  as  assistant  United  States 
attorney  (II,  993) ,  and  the  acceptance  of  an  incompatible  office.  The 
House  has  declined  to  hold  that  a  contractor  under  the  Government  is 
constitutionally  disqualified  to  serve  as  a  Member  (I,  496).  But  the 
House,  or  its  committees,  have  found  disqualified  a  Member  who  was 
appointed  a  militia  officer  in  the  District  of  Columbia  (I,  486)  and  in 
various  States  (VI,  60),  and  Members  who  have  accepted  commissions 
in  the  Army  (I,  491,  492,  494).  But  the  Judiciary  Committee  has 
expressed  the  opinion  that  persons  on  the  retired  list  of  the  Army  do 
not  hold  office  under  the  United  States  in  the  constitutional  sense  (I, 
494).  A  Member-elect  has  continued  to  act  as  governor  of  a  State 
after  the  assembling  of  the  Congress  to  which  he  was  elected  (I,  503) , 
but  the  duties  of  a  Member  of  the  House  and  the  Governor  of  a  State 
are  absolutely  inconsistent  and  may  not  be  simultaneously  discharged 
by  the  same  Member  (VI,  65) . 

The  House  decided  that  the  status  of  a  Member-elect  was  not 
§96.  Appointment  affected  by  the  constitutional  requirement  (I,  499), 
of  Members-elect  to  the  theory  being  advanced  that  the  status  of  the 
offices  under  the  Member-elect  is  distinguished  from  the  status  of 
United  states.  the  Member  who  has  qualified  (I,  184).  And  a 

Member-elect,  who  continued  in  an  office  after  his  election  but  resigned 
before  taking  his  seat,  was  held  entitled  to  the  seat  (I,  497,  498).    But 

[34] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTIONS  6,  7]  §§97-99. 

when  a  Member-elect  held  an  incompatible  office  after  the  meeting  of 
Congress  he  was  held  to  have  disqualified  himself  (I,  492).  In  other 
words,  the  Member-elect  may  defer  until  the  meeting  of  Congress  his 
choice  between  the  seat  and  an  incompatible  office  (I,  492). 

The  House  has  manifestly  leaned  to  the  idea  that  a  contestant  holding 
§  97.  Relation  of  an  incompatible  office  need  not  make  his  election 
contestants  to  until  the  House  has  declared  him  entitled  to  the  seat 

incompatible  (i?  5Q5).  Although  a  contestant  had  accepted  and 

offices*  held  a  State  office  in  violation  of  the  state  constitu- 

tion, if  he  were  really  elected  a  Congressman,  the  House  did  not  treat  his 
contest  as  abated  (II,  1003).  Where  a  Member  had  been  appointed 
to  an  incompatible  office  a  contestant  not  found  to  be  elected  was  not 
admitted  to  fill  the  vacancy  (I,  807) . 

Where  a  Member  has  accepted  an  incompatible  office,  the  House  has 

assumed  or  declared  the  seat  vacant  (I,  501,  502;  VI, 

§  98.  Procedure  of       65).    In  the  cases  of  Baker  and  Yell,  the  Elections 

the  House  when          Committee  concluded  that  the  acceptance  of  a  com- 

incompatible  offices  .     .  .       * 

are  accepted.  mission  as  an  office  of  volunteers  in  the  national  army 

vacated  the  seat  of  a  Member  (I,  488),  and  in  another 
similar  ease  the  Member  was  held  to  have  forfeited  his  right  to  a  seat 
(I,  490) .  The  House  has  seated  a  person  bearing  regular  credentials  on 
ascertaining  that  his  predecessor  in  the  same  Congress  had  accepted  a 
military  office  (I,  572).  But  usually  the  House  by  resolution  formally 
declares  the  seat  vacant  (I,  488,  492) .  A  Member-elect  may  defer  until 
the  meeting  of  Congress  his  choice  between  the  seat  and  an  incom- 
patible office  (I,  492) .  But  when  he  retains  the  incompatible  office  and 
does  not  qualify,  a  vacancy  has  been  held  to  exist  (I,  500) .  A  resolution 
excluding  a  Member  who  has  accepted  an  incompatible  office  may  be 
agreed  to  by  a  majority  vote  (I,  490).  A  Member  charged  with 
acceptance  of  an  incompatible  office  was  heard  in  his  own  behalf 
during  the  debate  (I,  486). 

SECTION  7.  1A11  Bills  for  raising  Revenue  shall 

originate  in  the  House  of  Representa- 

§99.  Ems  raising      tives:  but  the  Senate  may  propose  or 

revenue  to  originate  '  .  ^     c       ^ 

in  the  House.          concur  with  Amendments  as  on  other 
Bills. 

This  provision  has  been  the  subject  of  much  discussion  (II,  1488, 
1494).  In  the  earlier  days  the  practice  was  not  always  correct  (II, 

[35] 


CONSTITUTION  OP  THE  UNITED  STATES 
§§  100, 101.  [ARTICLE  I,  SECTION  7] 

1484) ;  but  in  later  years  the  House  has  insisted  on  its  prerogative  and 
the  Senate  has  often  shown  reluctance  to  infringe  thereon  (II,  1482, 
1483,  1493).  In  several  instances,  however,  the  subject  has  been  mat- 
ter of  contention,  conference  (II,  1487,  1488),  and  final  disagreement 
(II,  1485,  1487,  1488).  Sometimes,  however,  when  the  House  has 
questioned  an  invasion  of  prerogative,  the  Senate  has  receded  (II,  1486, 
1493).  The  disagreements  have  been  especially  vigorous  over  the 
right  of  the  Senate  to  concur  with  amendments  (II,  1489),  and  while 
the  Senate  has  acquiesced  in  the  solo  right  of  the  House  to  originate 
revenue  bills,  it  has  at  the  same  time  held  to  a  broad  power  of  amend- 
ment (II,  1497-1499).  The  House  has  frequently  challenged  the 
Senate  on  this  point  (II,  1481,  1491,  1496;  Feb.  1,  1909,  p.  1684). 
When  the  House  has  conceived  that  its  prerogative  has  boon  invaded, 
it  has  ordered  the  bill  to  be  returned  to  the  Senate  (II,  1493-1495; 
VI,  317;  March  30,  1937,  p.  2930;  H.  Res.  598,  July  2,  1960),  or 
declined  to  proceed  further  with  it  (II,  1485).  A  bill  raising  revenue 
incidentally  was  held  not  to  infringe  upon  the  constitutional  prerogative 
of  the  House  to  originate  revenue  legislation  (VI,  315).  Discussion 
of  differentiation  between  bills  for  the  purpose  of  raising  revenue  and 
bills  which  incidentally  raise  revenue  (VI,  315).  A  revenue  question 
was  not  objected  to  until  the  stage  of  conference  (II,  1942;  VI,  314). 
A  question  relating  to  the  invasion  of  the  Constitutional  prerogatives 
of  the  House  by  a  Senate  amendment  comes  too  late  after  the  bill  has 
been  sent  to  conference  (VI,  314).  On  January  1(>,  1924,  p.  1027,  the 
Senate  decided  that  a  bill  proposing  a  gasoline  tax  in  the  District  of 
Columbia  should  not  originate  in  the  Senate  (VI,  316). 
Decisions  of  the  Supreme  Court  of  the  United  States: 

U.  H.  v.  Norton,  91  U.  S.,  569;  Field  v.  Clark,  143 

ftiM  n    *•  U.S.,  649;  Twin  City  Bank  v.  Ncboker,  167  U.  S, 

of  the  ^r118  196J  Millard  v.  Roberts,  202  U.  S.,  429;  Rainey  v. 

U.  S.,  232  U.  S.,  310;  Flint  v.  Stone  Tracy  Co.,  220 

U.  S.,  107;  Hubbard  v.  Lowe,  226  Fed.,  135;  U.  S.  ». 

Hill,  123  U.  S.,  681. 

2  Every  Bill  which  shall  have  passed  the  House  of 
§  ML  Approval  Representatives  and  the  Senate,  shall, 
and  disapproval  of  before  it  become  a  Law,  be  presented 

bills  by  the  President.    ,         .,         -^          .,  ,.      .,          '.,,_, 

to  the  President  of  the  United  States; 
If  he  approve  he  shall  sign  it,  but  if  not  he  shall 

[36] 


CONSTITUTION  OF  THE  UNITED   STATES 

[ARTICLE  I,  SECTION  7]  §  102. 

return  it,  with  his  Objections  to  that  House  in  which 
it  shall  have  originated,  who  shall  enter  the  Objec- 
tions at  large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of 
that  House  shall  agree  to  pass  the  Bill,  it  shall  be 
sent,  together  with  the  Objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two  thirds  of  that  House,  it  shall 
become  a  Law.  But  in  all  such  Cases  the  Votes  of 
both  Houses  shall  be  determined  by  Yeas  and  Nays, 
and  the  Names  of  the  Persons  voting  for  and  against 
the  Bill  shall  be  entered  on  the  Journal  of  each 
House  respectively.  *  *  *. 

The  approval  of  a  bill  by  the  President  of  the  United  States  is  valid 
only  with  his  signature  (IV,  3490).      Prior  to  the 
§  1ro'^i!ieaet0f         adoption  of  the  twentieth  amendment  to  the  Con- 
approva .  stitution,    at  the   close   of   a   Congress,    when   the 

two  Houses  prolonged  their  sessions  into  the  forenoon  of  March  4, 
the  approvals  were  dated  on  the  prior  legislative  day,  as  the  legisla- 
tive portion  of  March  4  belonged  to  the  term  of  the  new  Congress. 
In  one  instance,  however,  bills  signed  on  the  forenoon  of  March  4 
were  dated  as  of  that  day  with  the  hour  and  minute  of  approval  given 
with  the  date  (IV,  3489) .  The  twentieth  amendment  to  the  Constitu- 
tion changed  the  date  of  meeting  of  the  Congress  to  January  3d.  The 
act  of  President  Tyler  in  filing  with  a  bill  an  exposition  of  his  reasons 
for  signing  it  was  examined  and  severely  criticized  by  a  committee  of 
the  House  (IV,  3492) ;  and  in  1842  a  committee  of  the  House  discussed 
the  act  of  President  Jackson  in  writing  above  his  signature  of  approval 
a  memorandum  of  his  construction  of  the  bill  (IV,  3492).  But  where 
the  President  has  accompanied  his  message  announcing  the  approval 
with  a  statement  of  his  reasons  there  has  been  no  question  in  the  House 
(IV,  3491).  The  statutes  require  that  bills  signed  by  the  President 
shall  be  received  by  the  Administrator  of  General  Services  and  de- 
posited in  his  office  (1  U.  S.  C.  106a).  Formerly  these  bills  were 
received  by  the  Secretary  of  State  (IV,  3485)  and  deposited  in  his 
office  (IV,  3429). 

625S10— H.  Doc.  459,  S6-2 4          [37] 


CONSTITUTION  OP  THE   UNITED  STATES 
§§105-105.  [ARTICLE  I,  SECTION  7] 

Notice  of  the  signature  of  a  bill  by  the  President  is  sent  by  message 
to  the  House  in  which  it  originated  (VII,  1089)  and 
§  103.  Notice  of  that  House  informs  the  other  (IV,  3429).     But  this 

approval  sent  by          notice  is  not  necessary  to  the  validity  of  the  act  (IV, 
message.  3495).     Sometimes,  at  the  close  of  a  Congress  the 

President  informs  the  House  of  such  bills  as  he  has 
approved  and  of  such  as  he  has  allowed  to  fail  (IV,  3499-3502).  In 
one  instance  he  communicated  his  omission  to  sign  a  bill  through  the 
committee  appointed  to  notify  him  that  Congress  was  about  to  adjourn 
(IV,  3504).  A  bill  that  had  not  actually  passed  having  been  signed 
by  the  President,  he  disregarded  it  and  a  new  bill  was  passed  (IV,  3498). 
Messages  of  the  President  giving  notice  of  bills  approved  are  entered 
in  the  Journal  and  published  in  the  Congressional  Record  (V,  6593) . 
A  message  withholding  approval  of  a  bill,  called  a  veto  message,  is 
sent  to  the  House  in  which  the  bill  originated;  but  it 
§  104.  Disapproval  has  been  kelcj  .^at  sucn  a  message  may  not  be 
(or  veto)  of  bills.  returned  to  the  President  on  his  request  after  it  has 
been  laid  before  the  Senate  (IV,  3521).  Instance  where  a  veto  mes- 
sage which  had  not  been  laid  before  the  House  was  returned  to  the 
President  on  his  request  (Aug.  1,  1946,  p.  10651).  A  vetoed  bill 
received  in  the  House  by  way  of  the  Senate  is  considered  as  if 
received  directly  from  the  President  and  supersedes  the  regular 
order  of  business  (IV,  3537;  VII,  1109).  A  veto  message  may  not  be 
read  in  the  absence  of  a  quorum,  even  though  the  House  be  about  to 
adjourn  sine  die  (IV,  3522;  VII,  1094) ;  but  the  message  may  be  read 
and  acted  on  at  the  next  session  of  the  same  Congress  (IV,  3522). 
When  the  President  has  been  prevented  by  adjournment  from 
returning  a  bill  with  his  objections  he  has  sometimes  at  the  next 
session  communicated  his  reasons  for  not  approving  (V,  6618-6620). 
It  is  the  usual  but  not  invariable  rule  that  a  bill  returned  with  the 
objections  of  the  President  shall  be  voted  on  at  once 
(IV,  3534-3536)  and  when  ]aid  before  the  House  the 
§  105.  Consideration  question  on  the  passage  is  considered  as  pending  and 
of  a  vetoed  bm  in  no  motion  from  the  floor  is  required  (VII,  1097-1099), 
the  ouse.  j^  jt  ^^  ^QQIi  ^^  ^^  ^Q  constitutional  mandate 

that  "the  House  shall  proceed  to  consider"  means 
that  the  House  shall  immediately  proceed  to  con- 
sider it  under  the  rules  of  the  House,  and  that  the  ordinary  motions 
under  the  rules  of  the  House — to  refer,  to  commit,  or  to  postpone  to 
a  day  certain—are  in  order  (IV,  3542-3550;  VII,  1105,  1113),  and  are 
debatable  under  the  hour  rule  (VIII,  2740).  A  motion  to  refer  a 
vetoed  bill,  either  with  or  without  the  message,  has  been  held  allowable 
within  the  constitutional  mandate  that  the  House  "shall  proceed  to 

[38] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  7]  §§  108, 107. 

reconsider"  (IV,  3550;  VII,  1105,  1108,  1114).  But  while  the  ordi- 
nary motion  to  refer  may  be  applied  to  a  vetoed  bill,  it  is  not  in  order 
to  move  to  recommit  it  pending  the  demand  for  the  previous  question 
or  after  it  is  ordered  (IV,  3551;  VII,  1102).  A  vetoed  bill  having  been 
rejected  by  the  House,  the  message  was  referred  (IV,  3552;  VII,  1103). 
Committees  to  which  vetoed  bills  have  been  referred  have  sometimes 
neglected  to  report  (IV,  3523,  3550,  footnotes;  VII,  1108,  1114). 
A  vetoed  bill  may  be  laid  on  the  table  (IV,  3549;  VII,  1105),  but  it 
is  still  highly  privileged  and  a  motion  to  take  it  from  the  table  is  in 
order  at  any  time  (IV,  3550;  V,  5439).  Also  a  motion  to  discharge  a 
committee  from  the  consideration  of  such  a  bill  is  privileged  (IV,  3532) . 
While  a  vetoed  bill  is  always  privileged,  the  same  is  not  true  of  a  bill 
reported  in  lieu  of  it  (IV,  3531;  VII,  1103). 

If  two-thirds  of  the  House  to  which  a  bill  is  returned  with  the  Presi- 
dent's objections  agree  to  pass  it,  and  then  two-thirds 

of  the  other  Hoiuse  also  aSree»  !t  becomes  a  law 
(IV,  3520).  The  yeas  and  nays  are  required  to  pass 
a  bill  over  the  President's  veto  (IV,  2726,  3520;  VII,  1110).  The  two- 
thirds  vote  required  to  pass  the  bill  is  two-thirds  of  the  Members 
present  and  not  two-thirds  of  the  total  membership  of  the  House 
(IV,  3537,  3538;  Missouri  Pac.  Ry.  Co.  v.  Kansas,  248  U.  S.,  276). 
Only  Members  voting  should  be  considered  in  determining  whether 
two-thirds  voted  in  the  affirmative  (VII,  1111).  Motion  to  reconsider 
may  not  be  applied  to  the  vote  on  reconsideration  of  a  bill  returned 
with  the  objections  of  the  President  (V,  5644;  VIII,  2778). 

It  is  the  practice  for  one  House  to  inform  the  other  by  message  of  its 
decision  that  a  bill  returned  with  the  objections  of  the  President  shall 
not  pass  (IV,  3539-3541).  A  bill  passed  notwithstanding  the  objec- 
tions of  the  President  is  sent  by  the  presiding  officer  of  the  House 
which  last  acts  on  it  to  the  Administrator  of  General  Services  who 
receives  it  and  deposits  it  in  his  office  (1  U.  S.  C.  106a).  Formerly 
these  bills  were  sent  to  the  Secretary  of  State  (IV,  3524)  and  deposited 
in  his  office  (IV,  3485). 

A  bill  incorrectly  enrolled  has  been  recalled  from  the  President,  who 
5 107.  Errors  in  erased  his  signature  (IV,  3506) .  Bills  sent  to  the 

bills  sent  to  the  President  but  not  yet  signed  by  him  are  sometimes 

President.  recalled  by  concurrent  resolution  of  the  two  Houses 

(IV,  3507-3509;  VII,  1091),  and  amended;  but  this  proceeding  is 
regarded  as  irregular  (IV,  3510-3518).  An  error  in  an  enrolled  bill 
that  has  gone  to  the  President  may  also  be  corrected  by  a  joint  resolu- 
tion (IV,  3519;  VII,  1092). 

f391 


CONSTITUTION  OF  THE  UNITED  STATES 
8  108.  [ARTICLE  I,  SECTION  71 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Missouri  Pac,  Ry.  Co.  v.  Kansas,  248  U.  S.,  276;  U.  S.  v.  Smith,  286 

U.  S.,  6;  Edwards  'v.  U.  S.,  286  U.  S.,  482;  Wright  v.  United  States,  302 

U.  S/,  583. 

*  *  *  If  any  Bill  shall  not  be  returned  by  the 
HOB.  Bins  ^hich  President  within  ten  Days  (Sundays 
become  laws  excepted)  after  it  shall  have  been  pre- 

Pr^deVt^  sented  to  him,  the  Same  shall  be  a 

approval.  Law,  in  like  manner  as  if  he  had  signed 

it,  unless  the  Congress  by  their  Adjournment  prevent 
its  Return,  in  which  Case  it  shall  not  be  a  Law. 

A  bill  signed  by  the  President  within  ten  days  (Sunday  excepted) 
after  it  has  been  presented  to  him  becomes  a  law  even  though  such 
signing  takes  place  when  Congress  is  not  in  session,  whether  during  the 
period  of  an  adjournment  to  a  day  certain  or  after  the  final  adjournment 
of  a  session.  Presidents  currently  sign  bills  after  sine  die  adjournment 
but  within  ten  days  after  their  receipt.  President  Truman  signed 
several  bills  passed  in  the  Eighty-first  Congress  after  the  convening  of 
the  Eighty-second  Congress  but  within  ten  days  (Public  Laws  910-921, 
81st  Cong.,  2d  Sess.;  64  Stat.  1221-1257).  It  was  formerly  contended 
that  the  President  might  not  approve  bills  during  a  recess  (IV,  3493, 
3494),  and  in  one  instance,  in  1864,  when  the  President  signed  a  bill 
after  final  adjournment  of  Congress  but  within  ten  days  grave  doubts 
were  raised  and  an  adverse  report  was  made  by  a  House  committee 
(IV,  3497).  Later  opinions  of  the  Attorney  General  have  been  to 
the  effect  that  the  President  has  the  power  to  approve  bills  within 
ten  days  after  they  have  been  presented  to  him  during  the  period 
of  an  adjournment  to  a  day  certain  (IV,  3496)  and  after  an  adjourn- 
ment sine  die  (VII,  1088).  The  Supreme  Court  has  held  valid  as 
laws  bills  signed  by  the  President  within  ten  days  during  a  recess  for 
a  specified  time  (La  Abra  Silver  Mining  Co.  v.  U.  S.,  175  U.  S.  451, 
IV,  3495)  and  also  those  signed  after  an  adjournment  sine  die  (Edwards 
v.  U.  S.,  286  U.  S.  482).  Doubt  had  existed  as  to  whether  a  bill  which 
remains  with  the  President  ten  days  without  his  signature,  Congress 
meanwhile  before  the  tenth  day  having  adjourned  to  a  day  certain, 
becomes  a  law  (IV,  3493;  VII,  1115);  and  an  opinion  of  the  Attorney 
General  in  1943  held  that  under  such  circumstances  a  bill  not  signed 
by  the  President  does  not  become  a  law  (40  Op.  Atty.  Gen.  274). 
A  bill  which  is  passed  by  both  Houses  of  Congress  during  the 
first  regular  session  of  a  Congress  and  presented  to  the  President 

[40] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  7]  §§  109,110. 

less  than  ten  days  (Sundays  excepted)  before  the  adjournment  of  that 
session,  but  is  neither  signed  by  the  President,  nor  returned  by  him  to 
the  House  in  which  it  originated,  does  not  become  a  law  ("The  Pocket 
Veto  Case,"  279  U.  S.  655;  VII,  1115).  President  Truman  during  an 
adjournment  to  a  day  certain  pocket  vetoed  several  bills  passed  by  the 
Eighty-first  Congress  and  also,  after  the  convening  of  the  Eighty-second 
Congress,  pocket  vetoed  one  bill  passed  in  the  Eighty-first  Congress. 
The  President  was  advised  that  when  Congress  adjourns,  not  sine  die, 
vetoed  bills  should  be  returned  (IV,  3496),  and  the  adjournment  of 
the  House  of  origin  for  not  exceeding  three  days  while  the  other  branch 
of  the  Congress  remained  in  session,  did  not  prevent  a  return  of  the 
vetoed  bill  to  the  House  of  origin  (Wright  v.  U.  S.,  302  U.  S.  583). 

Decisions  of  the  Supreme  Court  of  the  United  States: 
*™ft  ^   ,-        *  Field  v-  Clark,  143  U.  S.  649;  United  States  v. 

§109.  Decisions  of  Ballin,  144  U.  S.  1;  Twin  City  Bank  v.  Nebeker,  167 
U.  S.  196;  La  Abra  Silver  Mining  Co.  v.  United 
States,  175  U.  S.  423;  Wilkes  County  v.  Coler,  180  U.  S.  506;  The 
Pocket  Veto  Case,  279  U.  S.  655;  Edwards  v.  U.  S.,  286  U.  S.  482; 
Wright  v.  U.  S.,  302  U.  S.  583. 

3  Every  Order,  Resolution,  or  Vote  to  which  the 
§  no.  AS  to  Concurrence  of  the  Senate  and  House 

presentation  of  of  Representatives  may  be  necessary 
(«cept  on  a  question  of  Adjournment) 
shall  be  presented  to  the  President  of 
the  United  States;  and  before  the  Same  shall  take 
Effect,  shall  be  approved  by  him,  or  being  disap- 
proved by  him,  -shall  be  repassed  by  two  thirds  of 
the  Senate  and  House  of  Representatives,  according 
to  the  Rules  and  Limitations  prescribed  in  the  Case 
of  a  Bill. 

It  has  been  settled  conclusively  that  a  joint  resolution  proposing  an 
amendment  to  the  Constitution  should  not  be  presented  to  the  Presi- 
dent for  his  approval  (V,  7040).  Such  joint  resolutions,  after  passage 
by  both  Houses,  are  presented  to  the  Administrator  of  General  Services 
(2  U.  S.  C.  106b).  S.  J.  Res.  39,  86th  Congress,  a  joint  resolution  pro- 
posing an  amendment  to  the  Constitution  of  the  United  States  granting 
representation  in  the  electoral  college  to  the  District  of  Columbia, 
was  presented  to  the  Administrator  of  General  Services  on  June  17, 1960. 
Although  the  requirement  of  the  Constitution  seems  specific,  the  prac- 
tice of  Congress  has  been  to  present  to  the  President  for  approval  only 
such  concurrent  resolutions  as  are  legislative  in  effect  (IV,  3483,  3484) 
which  is  not  within  the  scope  of  the  modern  form  of  concurrent  reso- 
lutions, 

[41] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§111-113.  t  ARTICLE  I,  SECTION  8] 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Field  v.  Clark,  143  U.  S.,  649;  United  States  v. 
§m.  Decisions  Baffin,  144  U.  S.,  1;  Fourteen  Diamond  Rings  v. 

of  the  court. 


SECTION  8.  The  Congress  shall  have  Power  l  To 
Thereve-        lay  and  collect  Taxes,  Duties,  Imposts 


and  Excises,  to  pay  the  Debts  and  pro- 
vide for  the  cc  >mon  Defence  and  general  Welfare  of 
the  United  States;  but  all  Duties,  Imposts,  and  Ex- 
cises shall  be  uniform  throughout  the  United  States; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Hyltonv.  United  States,  3  Dall.,  171;  McCullochv. 
§113.  Decisions  gtato  of  Marylandj  4  ^h,,  316;  Loughborough  v. 

of  the  court.  Elfik-  ,  5  Wh.,  317;  Osborn  v.  Bank  of  the  United 

States,  9  Wh.,  738;  We?  ,on  et  al.  v.  City  Council  of  Charleston,  2  Pet., 
449;  Dobbins  v.  The  Commissioners  of  Erie  County,  16  Pet.,  435;  Li- 
cense Cases,  5  How.,  50-1;  Cooley  v.  Board  of  Wardens  of  Port  Philadel- 
phia et  al.,  12  How.,  299;  McGuire  v.  The  Commonwealth,  3  Wall.,  387; 
Van  Allen  v.  The  Assessors,  3  Wall.,  573;  Bradley  v.  The  People,  4  Wall,. 
459;  License  Tax  Cases,  5  Wall.,  462;  Pervear  v.  The  Commonwealth, 
5  Wall.,  475;  Woodruffs.  Parham,  8  Wall.,  123;  Hinson  v.  Lott,  8  Wall., 
148;  Veazie  Bank  v.  Fenno,  8  Wall.,  533;  The  Collector  v.  Day,  11  Wall, 
113;  United  States  v.  Singer,  15  Wall.,  Ill;  State  tax  on  foreign-held 
bonds,  15  Wall.,  300;  United  States  v.  Railroad  Company,  17  Wall, 
322;  Railroad  Company  v.  Peniston,  18  Wall.,  5;  Scholey  v.  Rew,  23 
Wall.,  331;  National  Bank  v.  United  States,  101  U.  S.,  1;  Springer  v. 
United  States,  102  U.  S.  586;  Legal  Tender  Case,  110  U.  S.,  421;  Head 
Money  Cases,  112  U.  S.  580;  Van  Brocklin  v.  State  of  Tennessee,  117 
U.  S.  151;  Field  v.  Clark,  143  U.  S.,  649;  New  York,  Lake  Erie  and 
Western  R.  R.  v.  Pennsylvania,  153  U.  S.  628;  Pollock  v.  Farmers7 
Loan  and  Trust  Co.  (Income  Tax  Case),  157  U.  S.,  429;  United  States 
v.  Realty  Company,  163  U.  S.  427;  In  re  Kollock,  165  U.  S.  526; 
Nicol  v.  Ames,  173  U.  S.,  509;  Knowlton  v.  Moore,  178  U.  S.,  41;  De 
Lima  v.  Bidwell,  182  U.  S.,  1;  Dooley  v.  United  States,  182  U.  S.,  222; 
Fourteen  Diamond  Riings  v.  United  States,  183  U.  S.,  176;  Felsenheld, 
v.  United  States,  186  U.  S.,  126;  Thomas  v.  United  States,  192  U.  S.,  363; 
Binns  v.  United  States,  194  U.  S.,  486;  South  Carolina  v.  United  States, 
199  U.  S.,  437;  Flaherty  v.  Hanson,  215  U.  S.,  515;  Flint  v.  Stone  Tracy 
Co.,  220  U.  S.,  107;  Billings  v.  U.  S.,  232  U.  S.,  261;  Rainey  v.  U.  S.,  232 
U.  S.,  310;  Bailey  v.  Drexel  Furn.  Co.  (child  labor),  259  U.  S.,  20;  Hill  v. 
WaUace,  259  U.  S.,  44;  Browne  v.  Thorne,  260  U.  S.,  137;  Trusler  v. 
Crooks,  269  U.  S.,  475;  U.  S.  v.  Butler  (A.  A.  A.),  297  U.  S.  1;  Graves  v. 
N.  Y.,  306  U.  S.  466. 

[42] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  8]  §§  114-117. 

§  114.  The  borrowing       2  To  borrow  Money  on  the  credit  of 
power*  the  United  States: 

Decisions  of  the  Supreme  Court  of  the  United  States: 

McCulloch  v.  The  State  of  Maryland,  4  Wh.,  316; 


115 

Weston  et  al.  v.  The  City  Council  of  Charleston,  2 


Pet.,  449;  Bank  of  Commerce  v.  New  York  City,  2 
Black,  620;  Bank  Tax  Cases,  2  Wall.,  200;  The  Bank  v.  The  Mayor,  7 
Wall.,  16;  Bank  v.  Supervisors,  7  Wall.,  26;  Hepburn  v.  Griswold,  8 
Wall.,  603;  National  Bank  v.  Commonwealth,  9  Wall.,  353;  Parker  v. 
Davis,  12  Wall.,  457;  Legal  Tender  Case,  110  U.  S.,  421;  Home  In- 
surance Company  v.  New  York,  134  U.  S.,  594;  Home  Savings  Bank  v. 
Des  Moines,  205  U.  S.,  503;  U.  S.  v.  Sacks,  257  U.  S.,  37;  Perry  v.  U.  S., 
294  U.  S.,  330. 

3  To  regulate  Commerce  with  foreign  Nations,  and 
§  lie.  Power  over  among  the  several  States,  and  with  the 
commerce.  Indian  Tribes; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Gibbons  v.  Ogden,  9  Wheat.,  1;  Brown  v.  Maryland 
§  117.  Decisions  of  12  Wheat.,  419;  Trade-mark  Cases,  100  U.  S.,  96; 
the  court.  Paul  v.  Virginia,  8  Wall.,  168;  Cooley  v.  Philadelphia, 

12  How.,  299;  Hall  v.  De  Cuir,  95  U.  S.,  487;  Pensa- 
cola  Tel.  Co.  v.  Western  Union,  96  U.  S.,  9;  U.  S.  v.  Knight  Co.,  156 
U.  S.,  1;  The  Shreveport  Case,  234  U.  S.,  342;  Addyston  Pipe  &  Steel 
Co.  v.  U.  S.,  175  U.  S.,  211;  Champion  v.  Ames,  188  U.  S.,  321;  I.  C.  C.  v. 
Delaware,  etc.,  R.  Co.,  220  U.  S.,  235;  Dahnke-  Walker  Co.  v.  Bondu- 
rant,  257  U.  S.,  282;  U.  S.  v.  U.  S.  Steel  Corp.,  251  U.  S.,  417;  Duplex 
Co.  v.  Deering,  254  U.  S.,  443;  Federal  Trade  Comm.  v.  Beech-Nut 
Co.,  257  U.  S.,  441;  Texas  v.  I.  C.  C.,  258  U.  S.,  158;  Krichman  v. 
U.  S.,  256  U.  S.,  363;  Northern  Pac.  R.  Co.  v.  North  Dakota,  250 
U.  S.,  135;  Penn.  R.  Co.  v.  Weber,  257  U.  S.,  85;  Cent.  R.  Co.  v.  U.  S., 
257  U.  S.  247;  Wisconsin  v.  Chicago,  etc.,  R.  Co.,  257  U.  S.,  563; 
United  Fuel  Gas  Co.  v.  Hallanan,  257  U.  S.,  277;  Baltimore,  etc., 
R.  Co.  v.  Settle,  260  U.  S.,  166;  South  Covington,  etc.,  R.  Co.  v. 
Ky.,  252  U.  S.,  399;  Texas  v.  Eastern  Texas  R.  Co.,  258  U.  S.,  204; 
Michigan  Cent.  R.  Co.  v.  Owen  &  Co.,  256  U.  S.,  427;  Williams  v.  U.  S., 
255  U.  S.,  336;  American  Column  Co.  v.  U.  S.,  257  U.  S.,  377;  Crescent 


[43] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  118>  n9.  [ARTICLE  I,  SECTION  8] 

Oil  Co.  v.  Miss.,  257  U.  S.,  129;  Weeds  v.  U.  S.  255  U.  S.,  109;  Lemke  v. 
Farmers  Grain  Co.,  258  U.  S.,  50;  Mo.  Pac.  R.  Co.  v.  McGrew  Coal  Co., 
256  U.  S.,  134;  St.  Louis,  etc.,  R.  Co.  v.  Mo.,  254  U.  S.,  535;  Erie  R.  Co, 
v.  New  Jersey,  254  U.  S.,  394;  Denver  R.  Co.  v.  Denver,  250  U.  S.,  241; 
Penn.  Gas  Co.  v.  Public  Service  Cornm.,  252  U.  S.,  23;  Mackay  Tel., 
etc.,  Co.  v.  Little  Rock,  250  U.  S.,  94;  Economy  Light  Co.  v.  U.  S.,  256 
U.  S.,  113;  Shively  v.  Bowlby,  152  U.  S.,  1;  International  Bridge  Co.  v. 
New  York,  254  U.  S.,  126;  Wallace  v.  Hines,  253  U.  S.,  66;  Davis  v. 
Wallace,  257  U.  S.,  478;  Postal  Tel.  Cable  Co.  v.  Fremont,  255  U.  S., 
124;  St.  Louis,  etc.,  R.  Co.  v.  Hagerman,  256  U.  S.,  314;  Underwood 
Typewriter  Co.  v.  Chamberlain,  254  U.  S.,  113;  Wagner  v.  Covington, 
251  U.  S.,  95;  Askren  v.  Continental  Oil  Co.,  252  U.  S.,  444;  Heisler 
v.  Thomas  Colliery  Co.,  260  U.  S.,  245;  American  Mfg.  Co.  v.  St.  Louis, 
250  U.  S.,  459;  National  Union  v.  Wanberg,  260  U.  S.,  71;  Dayton 
Goose  Creek  R.  Co.  v.  United  States,  263  U.  S.,  456;  New  Jersey  v. 
Sargent,  269  U.  S.,  328;  Gen.  Araer.  Tank  Car  Corp.  v.  Day,  270  U.  S. 
367;  Moore  v.  N.  Y.  Cotton  Exchange,  270  U.  S.  593;  Colorado  v. 
United  States,  271  U.  S.,  153;  Thornton  v.  United  States,  271  U.  S., 
414;  Di  Santo  v.  Pennsylvania,  273  U.  S.,  34;  Assigned  Car  Cases,  274 
U.  S.,  564;  Interstate  Busses  Corp.  v.  Blodgett,  276  U.  S.,  245;  Foster 
Packing  Co.  v.  Haydel,  278  U.  S.,  1;  Wisconsin  v.  Illinois,  278  U.  S.,  367; 
Baldwin  v.  G.  A.  F.  Seelig,  294  U.  S.,  511;  Retirement  Board  v.  Alton 
R.  Co.,  295  U.  S.,  330;  Schechter  Corp.  v.  U.  S.  (N.  R.  A.),  295  U.  S., 
495;  Carter  v.  Carter  Coal  Co.,  298  U.  S.,  238;  Edwards  v.  California, 
314  U.  S.,  160. 

4  To  establish  an  uniform  Rule  of  Naturalization,1 
and  uniform  Laws  on  the  subject  of 
Bankruptcies  throughout  the  United 
States  ;2 

Decisions  of  the  Supreme  Court  of  the  United  States: 

1  Chirac  v.  Chirac,  2  Wheat.,  259;  1  Osborn  v.  U.  S. 


tVe  ™£ttel<mS  °         Bank>  9  Wheat.,  827;  1  Ogden  v.  Saunders,  12  Wheat., 


276;  i  Shanks  v.  Dupont,  3  Pet.,  242;  t  G  assies  v. 
Ballon,  6  Pet.,  761;  *  Dred  Scott  v.  Sanford,  19  How.,  392;  1  Hauenstein 
v.  Lynham,  100  U.  S.,  483;  1  Elk  v.  Wilkins,  112  U.  S.,  101;  1  Nishimura 
Ekiu  v.  U.  S.,  142  U.  S.,  651;  »  Boyd  v.  Nebraska,  143  U.  S.,  162;  1  U.  S. 
v.  Wong  Kim  Ark,  169  U.  S.,  703;  1  Holmgren  v.  U.  S.,  217  U.  S.,  509; 

1  Luria  v.  U.  S.,  231  U.  S.,  9;  2  Sturges  v.  Crowninshield,  4  Wh.,  122; 

2  McMillan  v.  McNeil,    4  Wh.,  209;  2  Farmers  and  Mech.   Bank  v. 
Smith,  6  Wh.,  131;  2  Ogden  v.  Saunders,  12  Wh.,  213;  2  Boyle  v.  Zach- 

[44] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ABTICLE  I,  SECTION  8]  §§  120-125. 

arie,  6  Pet.,  348; 2  Beers  v.  Haughton,  9  Pet.,  329; 2  Suydam  v.  Broad- 
nax,  14  Pet.,  67; 2  Cook  v.  Moffat,  5  How.,  295; 2  New  Lamp  Chimney 
Co.  v.  Ansonia  Brass  Co.,  91  TL  S.,  661; 2  U.  S.  v.  Fox,  95  U.  S.,  672; 
2  Canada  Southern  Ry.  Co.  v.  Gebhard,  109  U.  S.,  539;  2  Butler  v. 
Goreley,  146  U.  S.,  303;  2  Hanover  National  Bank  v.  Moyses,  186 
U.  S.,  181 ; 2  SteUwagen  v.  Clum,  245  U.  S.  605. 

.  ^  „ .  5  To  coin  Money,  regulate  the  Value 

§  120.  Coinage,  J  '         & 

weights,  and  thereof ,  and  of  foreign  Coin,  and  fix  the 

measures.  Standard  of  Weights  and  Measures; 

Decisions  of  the  Supreme  Court  of  the  United  States: 
s  121  D   •  •        f  Briscoe  v.  The  Bank  of  the  Commonwealth  of  Ken- 

the  cirart.01810118  °        tucky,  11  Pet.,  257;  Fox  v.  The  State  of  Ohio,  5  How. 
410;  United  States  v.  Marigold,  9  How.,  560;  Smith 
t>.  Kansas  City  Title  Co.,  255  U.  S.,  180;  Norman  v.  B.  &  O.  R.  Co.,  294 
U.  S.  240;  Perry  v.  U.  S.,  294  U.  S.,  330. 

6  To  provide  for  the  Punishment  of  counterfeiting 
§  122.  counter-  the  Securities  and  current  Coin  of  the 
felting.  United  States; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

123   Decisions  of  F°X  V'   The  State  °f  °hi°'   5  How'»   410'   United 

the  cour^CIS1°nS  °        States  v.  Marigold,  9  How.,  560;  Legal  Tender  Cases, 
12  Wall.,  535. 

1 124.  post-offices          7  To  establish  Post  Offices  and  Post 

and  post-roads.  Roads  J 

Decisions  of  the  Supreme  Court  of  the  United  States: 
.  -«  T%    .  -        *          State  of  Pennsylvania  v.  The  Wheeling  and  Bel- 

§  125.  Decisions  of  ,     -n   •  i         ^  «o    TT  ^i      -r»  i 

the  court.  mont  Bridge  Company,   18  How.,  421;  Pensacola 

Telegraph  Co.  v.  Western  Union  Telegraph  Co.,  96 
U.  S.  1;  Ex  parte  Jackson,  96  U.  S.,  727;  In  re  Rapier,  143  U.  S.,  110; 
Horner  v.  United  States,  143  U.  S.,  207;  In  re  Debs,  Petitioner,  158 
U.  S.,  564;  Illinois  Central  Railroad  Co.  v.  Illinois,  163  U.  S.,  142; 
Gladson  v.  Minnesota,  166  U.  S.,  427;  Public  Clearing  House  v.  Coyne, 
194  U.  S.,  497;  Western  Union  Telegraph  Co.  v.  Pennsylvania  R.  R. 
Co.,  195  U.  S.,  540;  Martin  v.  Pittsburg  &  Lake  Erie  R.  R.,  203  U.  S., 
284;  Badders  v.  U.  S.,  240  U.  S.,  391;  Milwaukee  Pub.  Co.  v.  Burleson, 
255  U.  S.,  407;  Johnson  v.  Maryland,  254  U.  S.,  51. 

[45] 


CONSTITUTION  OP  THE  UNITED  STATES 
§§  126-132.  [ARTICLE  I,  SECTION  8J 

8  To  promote  the  Progress  of  Science  and  useful 
§  126.  patents  ana  Arts>  by  securing  for  limited  Times  to 
copyrights.  Authors  and  Inventors  the  exclusive 

Right  to  their  respective  Writings  and  Discoveries; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Grant  et  al.  v.  Raymond,  6   Pet.,  218;  Wheaton 

Le^r810118  et  aL  v-  Peters  et  aL>  8  Pet->  591  J  Trade-mark  Cases, 
100  U.  S.,  82;  Burrow  Giles  Lithographic  Co.  v. 
Sarony,  111  U.  S.,  53;  United  States  v.  Duell,  172  U.  S.,  576;  Bobbs- 
Merrill  Co.  v.  Straus,  210  U.  S.,  339;  Kalem  Co.  v.  Harper,  222  U.  S., 
55;  Ferris  v.  Frohman,  223  U.  S.,  424;  Hildreth  v.  Mastoras,  257 
U.  S.,  27. 


§  128.  inferior  constitute  Tribunals  inferior  to 


courts* 


the  supreme  Court; 


,  t0ft  „.  _,      ,         10  To  define  and  punish  Piracies  and 

§  129.  Piracies  and  .  .  , 

offenses  against  law    Felonies  committed  on  the  high  seas; 
o  nations.  ^^  Offenses  against  the  Law  of  Na- 

tions; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

D   •  •       f          United  States  v.  Palmer,  3  Wh.,  610;  United  States 
the  court.1810  v>  WUtberger,  5  Wh.,  76;  United  States  v.  Smith,  5 

Wh.,  153;  United  States  v.   Pirates,  5  Wh.,   184; 
United  States  v.  Arjona,  120  U.  S.,  479. 

sm.pecian.tiox.s        u  T°  declare  War,  grant  Letters  of 
of  war  and  maritime    Marque  and  Reprisal,  and  make  Rules 

operations.  ^  _  _  n 

concerning    Captures    on    Land    and 
Water; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

§  132.  Decisions  of          Brown  v.  United  States,  8  Cr.,  110;  America  In- 

thecimrt.  surance  Company  et  al.  v.  Canter  (356  bales  cotton), 

1  Pet.,  511;  Mrs.  Alexander's  cotton,  2  Wall.,  404; 

Miller  v.  United  States,  11  Wall.,  268;  Tyler  v.  Defrees,  11  Wall.,  331; 


[46] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  8]  §§  133-139. 

Stewart  v.  Kahn,  11  Wall.,  493;  Hamilton  v.  Dillon,  21  Wall.,  73; 
Lamar,  ex.,  v.  Browne  et  al.,  92  U.  S.,  187;  Mayfield  v.  Richards,  115 
U.  S.,  137;  The  Chinese  Exclusion  Cases,  130  U.  S.,  581;  Mormon 
Church  v.  United  States,  136  U.  S.,  1;  Nishimura  Ekiu  v.  The  United 
States,  142  U.  S.,  651;  Selective  Draft  Law  Cases,  245  U.  S.,  366; 
Northern  Pacific  R.  Co.  v.  North  Dakota,  250  U.  S.,  135;  U.  S.  v. 
Cohen  Grocery  Co.,  255  U.  S.,  81;  Abrams  v.  U.  S.,  250  U.  S.,  616; 
Debs  v.  U.  S.,  249  U.  S.,  211;  Ruppert  v.  Caffey,  251  U.  S.,  264;  Stoehr 
v.  Wallace,  255  U.  S.,  239. 

§133.  Raisins  and  12  To  raise  and  support  Armies,  but 
support  of  armies.  no  Appropriation  of  Money  to  that  Use 
shall  be  for  a  longer  Term  than  two  Years; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Crandall  v.  State  of  Nevada,  6  Wall.,  35;  Nishi- 
thc  T^urt       8°        m^ra  Ekiu  v-  Th-e  United  States,  142   U.  S.,  651; 


Selective  Draft  Law  Cases,  245  U.  S.,  366. 

13  To  provide  and  maintain  a  Navy; 

Decisions  of  the  Supreme  Court  of  the  United  States: 
§  136.  Decisions  of          United  States  v.  Bevans,  3  Wh.,  336;  Dynes  v. 
the  court.  Hoover,  20  How.,  65. 

14  To  make  Rules  for  the  Govern- 
navli  ^rd        m^nt  and  Regulation  of  the  land  and 

naval  Forces; 

15  To  provide  for  calling  forth  the  Militia  to  exe- 
§138.  calling  out  cute  the  Laws  of  the  Union,  suppress 
the  militia.  Insurrections  and  repel  Invasions; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

n    •  •        r  Houston  v.  Moore,  5  Wh.,  1;  Martin  v.  Mott,  12 

the  ^r810"80        Wh-»  19;  Luther  »•  Borden,  7  How.,  1;  Crandall  v. 
State  of  Nevada,  6  Wall.,  35;  Texas  v.  White,  7  Wall., 
700;  Toth  v.  Quarles,  350  U.  S.,  11. 


[47] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§140-143.  [ARTICLE  I,  SECTION  8) 

16  To  provide  for  organizing,  arming,  and  disciplin- 
§i4o.  power  over      ing,  the  Militia,  and  for  governing  such 
the  muitia.  par^  of  them  as  may  be  employed  in 
the  Service  of  the  United  States,  reserving  to  the 
States  respectively,  the  Appointment  of  the  Officers, 
and  the  Authority  of  training  the  Militia  according 
to  the  discipline  prescribed  by  Congress; 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Houston  v.  Moore,  5  Wh.,  1;  Martin  v.  Mott,  12 
§  141.  Decisions  of  Wh.,  19;  Luther  v.  Borden,  7  How.,  1;  Presser  v. 
the  court.  Illinois,  116  U.  S.,  252;  Selective  Draft  Law  Cases, 

245  U.  S.  366. 

17  To  exercise  exclusive  Legislation  in  all  Cases 

whatsoever,   over  such   District,    (not 

§  142.  Power  over  '  7      x 

territory  of  the  exceeding  ten  Miles  square)  as  may,  by 
Cession  of  particular  States,  and  the 
Acceptance  of  Congress,  become  the  Seat  of  the  Gov- 
ernment of  the  United  States,  and  to  exercise  like 
Authority  over  all  Places  purchased  by  the  Consent 
of  the  Legislature  of  the  State  in  which  the  Same  shall 
be,  for  the  erection  of  Forts,  Magazines,  and  Arsenals, 
dock- Yards,  and  other  needful  Buildings; — And 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Hepburn  et  al.  v.  Ellzey,  2  Cr.,  445;  Loughborough 

Of  v'  Blake'  5  Wh''  317;  Cohens  v-  Virginia,  6  Wh.,  264; 
American  Insurance  Company  v.  Canter  (350  bales 
cotton),  1  Pet.,  511;  Kendall,  Postmaster- General,  v.  The  United  States, 
12  Pet.,  524;  United  States  v.  Dewitt,  9  Wall.,  41;  Dunphy  v.  Kleinsmith 
et  al.,  11  Wall.,  610;  Willard  v.  Presbury,  14  Wall.,  676;  Kohl  et  al.  v. 
United  States,  91  U.  S.,  367;  Phillips  v.  Payne,  92  U.  S.,  130;  United 
States  v.  Fox,  94  U.  S.,  315;  Fort  Leavemvorth  K.  K.  Co.  v.  Lowe,  114 
U.  S.,  525;  Gibbons  v.  District  of  Columbia,  116  U.  S.  404;  Van  Brock- 
lin  v.  State  of  Tennessee,  117  U.  S.,  151;  Stoutenburgh  v.  Hennick,  129 
U.  S.,  141;  Geofroy  v.  Riggs,  133  U.  S.,  258;  Benson  v.  United  States, 

[48] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLES  I,  SECTION  8]  §§  144, 145. 

146  U.  S.,  325;  Shoemaker  v.  United  States,  147  U.  S.,  282;  Chappell 
v.  United  States,  160  U.  S.,  499;  Ohio  v.  Thomas,  173  U.  S.,  276;  Wight 
v.  Davidson,  181  U.  S.,  371;  Battle  v.  United  States,  209  U.  S.,  36; 
Western  Union  Telegraph  Co.  v.  Chiles,  214  U.  S.,  274;  El  Paso  & 
Northeastern  Ry.  Co.  v.  Gutierrez,  215  U.  S.,  87;  Briscoe  v.  Rudolph, 
221  U.  S.,  547;  Heald  v.  D.  C.,  259  U.  S.,  114;  Block  v.  Hirsh  (Rent 
Act),  256  U.  S.,  135;  Arlington  Hotel  v.  Fant,  278  U.  S.  439;  National 
Mutual  Ins.  v.  Tidewater,  337  U.  S.,  582. 

18  To  make  all  Laws  which  shall  be  necessary  and 
§  144.  General  leg-  proper  f  or  carrying  into  Execution  the 
isiative  power,  foregoing  Powers,  and  all  other  Powers 
vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer  thereof. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

McCulloch  v.  The  State  of  Maryland,  4  Wh.,  316, 
the i  «nrt f310  Wayman  v.  Southard,  10  Wh.,  1;  Bank  of  United 

States  v.  Halstead,  10  Wh.,  51;  Hepburn  v.  Griswold, 
8  Wall.,  603;  National  Bank  v.  Commonwealth,  9  Wall.,  353;  Thomson 
v.  Pacific  Railroad,  9  Wall.,  579,  Parker  v.  Davis,  12  Wall.,  457;  Railroad 
Company?;.  Johnson,  15  Wall.,  195;  Railroad  Company  v.  Peniston,  18 
Wall.,  5;  United  States  v.  Fox,  95  U.  S.,  670;  United  States  v.  Hall,  98 
U.  S.,  343;  Tennessee  v.  Davis,  100  U.  S.,  257;  Ex  parte  Curtis,  106 
U.  S.,  371;  Legal  Tender  case,  110  U.  S.,  421;  Stoutenburgh  v.  Hennick, 
129  U.  S.  141;  The  Chinese  Exclusion  Case,  130  U.  S.,  581;  Crenshaw  v. 
United  States,  134  U.  S.,  99;  Cherokee  Nation  v.  Southern  Kansas  R. 
R.,  135  U.  S.,  641;  Nishimura  Ekiu  v.  The  United  States,  142  U.  S.,  651; 
Field  v.  Clark,  143  U.  S.,  649;  Logan  v.  United  States,  144  U.  S.,  263; 
Fong  Yue  Ting  v.  United  States,  149  U.  S.,  698;  Lees  v.  United  States, 
150  U.  S.,  476;  Interstate  Commerce  Commission  v.  Brimson,  154  U.  S., 
447;  Clune  v.  United  States,  159  U.  S.,  590;  Motes  v.  United  States,  178 
U.  S.,  458;  Buttfield  v.  Stranahan,  192  U.  S.,  470;  U.  S.  v.  Barnow,  239 
U.  S.,  74;  Bay  City  First  Nat.  Bank  v.  Union  Trust  Co.,  244  U.  S.  416; 
Jacob  Ruppert  v.  Caffey,  251  U.  S.,  264;  Hamilton  v.  Kentucky  Distil- 
leries Co.,  251  U.  S.,  146;  U.  S.  v.  Standard  Brewery,  251  U.  S.,  210; 
Newberry  v.  U.  S.,  256  U.  S.,  232;  McGrain  v.  Daugherty,  273  U.  S., 
135;  Spinger  v.  Philippine  Islands,  277  U.  S.,  189;  Blackmer  v.  U.  S., 
284  U.  S.,  421;  Panama  Refining  Co.  v.  Ryan,  293  U.  S.,  388;  Schecter 
Corp.  v.  U.  S.  (N.  R.  A.;,  295  U.  S.,  495. 

[49] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  146-151.  [ARTICLE  I,  SECTION  9J 

SECTION  9.   1  The  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  exist- 

§  146.  Migration  .  .    ~ 

or  importation  of  ing  shall  think  proper  to  admit,  shall 
persons"  not  be  prohibited  by  the  Congress  prior 

to  the  Year  one  thousand  eight  hundred  and  eight, 
but  a  Tax  or  duty  may  be  imposed  on  such  Importa- 
tion, not  exceeding  ten  dollars  for  each  Person. 

Decision  of  the  Supreme  Court  of  the  United  States: 
§  147.  Decision  of  Dred   Scott  v.  Sanford,  19   How.,  393;   Oceanic 

the  court.  Navigation  Co.  v.  Stranahan,  214  U.  S.,  320. 

2  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall 
5i48.  writ  of  not  be  suspended,  unless  when  in  Cases 
habeas  corp*8.  of  Rebellion  or  Invasion  the  public 
Safety  may  require  it. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

United  States  v.  Hamilton,  3  DalL,  17;  Ex  parte 
Banian  and  Swartwout,  4  Cr.,  75;  Ex  parte 
Kearney,  7  Wh.,  38;  Ex  Parte  Tobias  Watkins, 
3  Pet.,  193;  Ex  parte  Milburn,  9  Pet.,  704;  Holmes  v.  Jennison  et  al., 
14  Pet.,  540;  Ex  parte  Dorr,  3  How.,  103;  Luther  v.  Borden,  7  How.,  1; 
Ableman  v.  Booth  and  United  States  v.  Booth,  21  How.,  506;  Ex  parte 
VaUandigham,  1  Wall.,  243;  Ex  parte  Milligan,  4  Wall.,  2;  Ex  parte 
McCardle,  7  Wall.,  506;  Ex  parte  Yerger,  8  Wall.,  85;  Tarble's  case, 
13  Wall.,  397;  Ex  parte  Lange,  18  Wall.,  163;  Ex  parte  Parks,  93  U.  S., 
18;  Ex  parte  Karstendick,  93  U.  S.,  396;  Ex  parte  Virginia,  100  U.  S., 
339;  In  re  Neagle,  135  U.  S.,  1;  In  re  Frederick,  149  U.  S.,  70;  United 
States  v.  Sing  Tuck,  194  U.  S.,  161;  United  States  v.  Ju  Toy,  198  U.  S., 
253;  Carfer  v.  Caldwell,  200  U.  S.,  293;  McNichols  v.  Pease,  207  U.  S., 
100;  Gasquet  v.  Lapeyre,  242  U.  S.,  367. 


§  iso.  Bills  of  3  NO  Em  Of  Attainder  or  ex  post  facto 

attainder  and  ex 

postfectoiaTO.        Law  shall  be  passed. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Fletcher  v.  Peck,  6  Cr.,  87;  Ogden  t>.  Saunders,  12 

the  ^JtT  On8°        Wfc-i  213;  Watson  et  al.  v.  Mercer,  8  Pet.,  88;  Car- 

penter et  al.  v.  Commonwealth  of  Pennsylvania,  17 

[50] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  9 J  §§  152-15S. 

How.,  456;  Locke  v.  New  Orleans,  4  Wall.,  172;  Cummings  v.  The 
State  of  Missouri,  4  Wall.,  277;  Ex  parte  Garland,  4  Wall.,  333;  Dreh- 
man  v.  Stifle,  8  Wall.,  595;  Klinger  v.  State  of  Missouri,  13  Wall.,  257; 
Pierce  v.  Carskadon,  16  Wall.,  234;  Hopt  v.  Utah,  110  U.  S.,  574; 
Cook  v.  United  States,  138  U.  S.,  157;  Neely  v.  Henkel  (No.  1),  180 
U.  S.,  109;  Southwestern  Coal  Co.  v.  McBride,  185  U.  S.,  499;  Buga- 
jewitz  v.  Adams,  228  U.  S.,  585;  Johannessen  v.  U.  S.,  225  U*  S.,  227; 
U.  S.  v.  Lovett,  328  U.  S.  303. 

4  [No  Capitation,  or  other  direct,  tax  shall  be  laid, 
§  152.  capitation  unless  in  Proportion  to  the  Census  or 
and  direct  taxes.  Enumeration  herein  before  directed  to 
be  taken.] 

This  provision  was  changed  in  1913  by  the  Sixteenth  Amendment 
to  the  Constitution. 

Decisions  of  the  Supreme  Court  of  the  United  States : 

n  f  License  Tax  Cases,  5  Wall.,  462;  Springer  v.  United 

theli^t  States,  102  U.S.,  586;  Pollock  v.  Farmers7,  etc.,  Co., 

157  U.  S.,  573,  and  158  U.  S.,  601;   Nicol  v.  Ames, 

173  U.  S.,  509;  South  Carolina  v.  United  States,  199  U.  S.,  437;  Eisner 

v.  Macomber,  252  U.  S.,  189. 

§  154.  Export  6  No  Tax  or  Duty  shall  be  laid  on 

duties.  Articles  exported  from  any  State, 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Cooley  v.  Board  of  Wardens  of  Port  of  Philadel- 
the  court  10nS°  phia,  12  How.,  299;  Pace  v.  Burgess,  collector,  92 
U.  S.;  372;  Turpin  v.  Burgess,  117  U.  S.,  504;  Pitts- 
burg  &  Southern  Coal  Co.  v.  Bates,  156  U.  S.,  577;  Nicol  v.  Ames, 
173  U.  S.,  599;  Williams  v.  Fears,  179  U.  S.,  270;  De  Lima  v.  Bidwell, 
182  U.  S.,  1;  Dooley  v.  United  States,  183  U.  S.,  151;  Fourteen  Dia- 
mond Rings  v.  United  States,  183  U.  S.,  176;  Cornell  v.  Coyne,  192 
U.  S.,  418;  South  Carolina  v.  United  States,  199  U.  S.,  437;  Armour 
Packing  Co.  v.  United  States,  209  U.  S.,  56;  Thames,  etc.,  Ins.  Co.  v. 
U.  S.,  237  U.  S.  19;  Peck  v.  Lowe,  247  U.  S.,  165. 


[51] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§  156-159.  [ARTICLE  I,  SECTION  9|, 

6  No  preference  shall  be  given  by  any  Regulation 
§  156.  Freedom        of  Commerce  or  Revenue  to  the  Ports 
of  commerce.          o£  one  g^ate  over  those  of  another:  nor 
shall  Vessels  bound  to,  or  from,  one  State,  be  obliged 
to  enter,  clear,  or  pay  Duties  in  another. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Cooley  v.  Board  of  Wardens  of  Port  of  Philadelphia 

et  al->  12  How->  2"  ^  stato  of  Pennsylvania  v.  Wheel- 
ing and  Belmont  Bridge  Company  et  aL,  18  How., 
421;  Munn  v.  Illinois,  94  U.  S.,  113;  Packet  Co.  v.  St.  Louis,  100  U.  S., 
423;  Packet  Co.  v.  Cattlettsburg,  105  U.  S.,  559;  Spraigtie  v.  Thompson, 
118  U.  S.,  90;  Morgan  v.  Louisiana,  118  U.  S.,  455;  Johnson  v.  Chicago 
&  Pacific  Elevator  Co.,  119  U.  S.,  388;  South  Carolina  v.  United  States, 
199  U.  S.,  437;  Armour  Packing  Co.  v.  United  States,  209  U.  S.,  56; 
Wisconsin  v.  Illinois,  278  U.  S.,  367. 

7  No  Money  shall  be  drawn  from  the  Treasury,  but 
§  158.  Appropria-       in  Consequence  of  Appropriations  made 
llTunSngof          by  Law;  and  a  regular  Statement  and 
public  money.          Account  of  the  Receipts  and  Expendi- 
tures of  all  public  Money  shall  be  published  from 
time  to  time. 

Decisions  of  the  courts  and  opinions  of  Attorneys  General : 
Campagna  v.  U.  S.  (1891),  26  Ct.  CL,  317;  Hart  v.  U.  S.,  118  U.  S., 
62;  Reeside  v.  Walker,  11  How.,  272;  U.  S.  v.  Realty  Co.,  163  U.  S., 
440;  Collins'  Case  (1879),  15  Ct.  CL,  35;  Knote  v.  U/S.,  95  U.  S.,  154; 
Choctaw  Indians,  13  Op.  Atty.  Gen.,  354;  Great  Western  Ins.  Co.  v. 
U.  S.,  19  Ct.  Cl.,  206;  Mitchell  v.  U.  S.,  18  Ct.  CL,  286;  Contracts  for 
Extension  of  Capitol,  6  Op.  Atty.  Gen.,  28;  U.  S.  v.  Hanson,  167  Fed., 
881;  Expenditures  in  Kansas,  8  Op.  Atty.  Gen.,  137;  U.  S.  v.  Butler 
(A.  A.  A.),  297  U.  S,  1. 

8  No  Title  of  Nobility  shall  be  granted  by  the 
§159.  Tines  of         United  States:  And  no  Person  holding 
nobmty  and  gifts       any  Office  of  Profit  or   Trust   under 
rom  oreign  s    a.  shall  without  the  Consent  of  the 

[52] 


CONSTITUTION  OF  THH  UNITED  STATES 

[ARTICLE  I,  SECTIONS  9,  10]  §§  160, 161. 

Congress,  accept  of  any  present,  Emolument,  Office, 
or  Title,  of  any  kind  whatever,  from  any  King, 
Prince,  or  foreign  State. 

Opinions  of  Attorneys  General: 

Gifts  from  Foreign  Prince  (1902),  24  Op.  Atty.  Gen.,  117;  Foreign 
Diplomatic  Commission  (1871),  13  Op.  Atty.  Gen.,  538;  Marshal  of 
Florida  (1854),  6  Op.  Atty.  Gen.,  409. 

SECTION    10.     x  No    State   shall   enter   into   any 
§  wo.  states  not  to     Treaty,    Alliance,    or    Confederation ; 
grant  Letters  of  Marque  and  Reprisal; 

coin  Money;  emit  Bms  of  Credit; 

etc-  l  make  any  Thing  but  gold  and  silver 

Coin  a  Tender  in  Payment  of  Debts;  pass  any  Bill 
of  Attainder,  ex  post  facto  Law,2  or  Law  impairing 
the  Obligation  of  Contracts,3  or  grant  any  Title  of 
Nobility. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

1  Virginia  Coupon  Cases,  114  U.  S.,  269; l  Houston 
§  isi.  Decisions  of  R.  Co.  v.  Texas,  177  U.  S.,  87;  *  Wesley  v.  Eells,  177 
the  court.  U.  S.,  375;  2  Legal  Tender  Case,  110  U.  S.,  446; 

2  Cummings  v.  Mo.,  4  Wall.,  323;  2  Duncan  v.  Mo., 
152  U.  S.,  382;  2  Frank  v.  Mangum,  237  U.  S.,  309;  2  Ross  v.  Oregon, 
227  U.  S.,  150;  2  Watson  v.  Mercer,  8  Pet.,  110;  2  Fletcher,  v.  Peck  6 
Cranch,  138;  2  Rooney  v.  North  Dakota,  196  U.  S.,  324;  2  Kring  v. 
Missouri,  107  U.  S.,  232 ;2  Jaehne  v.  New  York,  128  U.  S.,  189 ;2  Waters- 
Pierce  Oil  Co.  v.  Texas,  212  U.  S.,  86;2  Chicago,  etc.,  R.  Co.  v.  Tran- 
barger,  238  U.  S.,  67;2  Reetz  v.  Mich.,  188  U.  S.,  509;2  Thompson  v. 
Missouri,  171  U.  S.,  380; 2  McDonald  v.  Mass.,  180  U.  S.,  311; 2  Malloy 
v.  S.  C.,  237  U.  S.,  180;  2  Thompson  v.  Utah,  170  U.  S.,  343;  8  Great 
Northern  R.  Co.  v.  Minnesota,  246  U.  S.,  434;  3  Central  of  Georgia  R. 
Co.  v.  Wright,  248  U.  S.,  525; 3  Pa.  Hospital  v.  Philadelphia,  245  U.  S., 
20;  3  Hendrickson  v.  Apperson,  245  U.  S.,  105;  3  Northern  Ohio  Trac- 
tion Co.  v.  Ohio,  245  U.  S.,  574; 3  Denver  R.  Co.  v.  Denver,  250  U.  S., 
241;  3  Detroit  R.  Co.  v.  Detroit,  248  U.  S.,  429;  3  Union  Dry  Goods 
Co.  v.  Georgia  Pub.  Service  Corp.,  248  U.  S.,  372;  3  Mo.  Min.  Co.  v. 

G25S10— H.  Doc.  459,  86-2 5          [53] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§162,1(53.  tARTICLE  I,  SECTION  10  J 

Greenwood  Dist.,  249  U.  S.,  170;  3  Columbus  R.  Co.  v.  Columbus,  249 
U.  S.,  399;  3  Aikins  v.  Kingsbury,  247  U.  S.,  484;  s  Hays  v.  Port  of 
Seattle,  251  U.  S.,  233;  8  Producers  Transp.  Co.  v.  Railroad  Comm., 
251  U.  S.,  228;  3  Hardin-Wyandot  Co.  v.  Upper  Sandusky,  251  U.  S., 
173;  3  Los  Angeles  v.  Los  Angeles  Gas  Co.,  251  U.  S.,  32;  3  Okla.  Ry. 
v.  Severns  Pav.  Co.,  251  U.  S.,  104;  Pac.  Gas  Co.  v.  Police  Court,  251 
U.  S.,  22;  Appleby  v.  City  of  New  York,  271  U.  S.t  364;  Larson  v.  South 
Dakota,  278  U.  S.,  429;  8  Home  Bldg.  &  Loan  Assn.  v.  Blaisdell,  290 
U.  S.,  398. 

2  No  State  shall,  without  the  Consent  of  the  Con- 

5  162.  States  not  SreSS>     Ia7     ^Y     I^pOSt     OF     DlltieS     OH 

duttV  mpost  °r  Imports  or  Exports,  except  what  may 
be  absolutely  necessary  for  executing 
it's  inspection  Laws:  and  the  net  Produce  of  all 
Duties  and  Imposts,  laid  by  any  State  on  Imports 
or  Exports,  shall  be  for  the  Use  of  the  Treasury 
of  the  United  States;  and  all  such  Laws  shall  be 
subject  to  the  Revision  and  Controul  of  the  Congress. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

McCulloch  v.  State  of   Maryland,   4   Wh.,  316; 


the  fWt?810  Gibbons  v.  Ogden,  9  Wh.,  1;  Brown  r.  The  State  of 

Maryland,  12  Wh.,  419;  Magcr  v.  Grima  et  al.,  8 
How.,  490;  Cooley  v.  Board  of  Wardens  of  Port  of  Philadelphia  et  al., 
12  How.,  299;  Almy  v.  State  of  California,  24  How.,  169;  License  Tax 
Cases,  5  Wall.,  462;  Crandall  v.  State  of  Nevada,  6  Wall.,  35;  Waring  v. 
The  Mayor,  8  Wall.,  110;  Woodruff  v.  Perham,  8  Wall.,  123;  Hinson  c. 
Lott,  8  Wall.,  148;  State  Tonnage  Tax  Cases,  12  Wall.,  204;  State  Tax 
on  railway  gross  receipts,  15  Wall.,  284;  Inman  Steamship  Company  t». 
Tinker,  94  U.  S.,  238;  Cook  v.  Pennsylvania,  97  U.  S.,  566;  Packet  Co. 
v.  Keokuk,  95  U.  S.,  80;  People  v.  Campagnie  G6n£ral  Transatlantique, 
107  U.  S.,  59;  Turner  v.  Maryland,  107  U.  S.,  38;  Brown  et  al.  t». 
Houston,  Collector,  et  al.,  114  U.  S.,  622;  Coe  v.  Errol,  116  U.  S.,  517; 


[54] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  I,  SECTION  10]  §§  164, 165. 

Turpin  v.  Burgess,  117  U.  S.,  504;  Pittsburg  &  Southern  Coal  Co.  v. 
Bates,  156  U.  S.,  577;  Pittsburg  &  Southern  Coal  Co.  v.  Louisiana,  156 
U.  S.,  590;  Scott  v.  Donald,  165  U.  S.,  58;  Patapsco  Guano  Co.  v.  North 
Carolina,  171  U.  S.,  34^;  May  &  Co.  v.  New  Orleans,  178  U.  S.,  496; 
Dooley  v.  United  States,  183  U.  S.,  151;  Cornell  v.  Coyne,  192  U.  S., 
418;  American  Steel  &  Wire  Co.  v.  Speed,  192  U.  S.,  500;  Delaware, 
L.,  &c.,  R.  R.  Co.  v.  Pennsylvania,  198  U.  S.,  341;  McLean  v.  Denver 
&  Rio  Grande  R.  R.,  203  U.  S.,  38;  Selliger  v.  Kentucky,  213  U.  S.,  200; 
Hebe  Co.  v.  Shaw,  248  U.  S.,  297. 

3  No  State  shall,  without  the  Consent  of  Congress, 
lay  any  Duty  of  Tonnage,  keep  Troops, 

§  164.  States  not  to  ni   •  r>      TTT  ,  •  t*     -r\ 

lay  tonnage  taxes,  or  Snips  of  War  in  time  of  Peace, 
enter  *&io  an  Agreement  or  Compact 
with  another  State,  or  with  a  foreign 

Power,  or  engage  in  War,  unless  actually  invaded, 

or  in  such  imminent  Danger  as  will  not  admit  of 

delay. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Green  v.  Biddle,  8  Wh.,  1;  Poole  et  al.  v.  The 
§  166.  Decisions  Lesgee  of  Fleeger  et  al.,  11  Pet.,  185;  Cooley  v.  Board 
of  the  court.  Qf  Wardeng  of  Port  of  Philadelphia  et  al.,  12  How., 

299;  Peete  v.  Morgan,  19  Wall.,  581;  Cannon  v.  New  Orleans,  20  Wall., 
577;  Inman  Steamship  Company  v.  Tinker,  94  U.  S.,  238;  Transporta- 
tion Co.  v.  Wheeling,  99  U.  S.,  273;  Packet  Co.  v.  St.  Louis,  100  U.  S., 
423;  Packet  Co.  v.  Keokuk,  95  U.  S.,  80;  Vicksburg  v.  Tobin,  100  U.  S., 
430;  Packet  Co.  v.  Catlettsburg,  105  U.  S.,  559;  Wiggins  Ferry  Co.  ». 
East  St.  Louis,  107  U.  S.,  365;  Transportation  Company  v.  Parkersburg, 
107  U.  S.,  691;  Presser  v.  Illinois,  116  U.  S.,  252;  Morgan  v.  Louisiana, 
118  U.  S.,  455;  Huse  ».  Glover,  119  U.  S.,  543;  Ouachita  Packet  Co.  v. 
Aiken,  121  U.  S.,  444;  Indiana  v.  Kentucky,  136  U.  S.,  479;  Virginia  v. 
Tennessee,  148  U.  S.,  503;  Wharton  v.  Wise,  153  U.  S.,  155;  St.  Louis 
&  San  Francisco  Railway  Co.  v.  James,  161  U.  S.,  545;  Selective  Draft 
Law  Cases,  245  U.  S.,  366. 


[55] 


CONSTITUTION  OF  THE  UNITED  STATES 
f  §  166-168. 

ARTICLE  II. 

SECTION  1.  l  The  executive  Power  shall  be  vested 
in  a  President  of  the  United  States  of 
America.  He  shall  hold  his  Office 
vice-president  during  the  Term  of  four  years,  and 
together  with  the  Vice  President,  chosen  for  the  same 
Term,  be  elected,  as  follows: 

George  Washington  took  the  oath  of  office  as  the  first  President  on 
April  30,  1789  (III,  1986).  The  two  Houses  of  the  First  Congress 
found,  after  examination  by  a  joint  committee,  that  by  provisions 
made  in  the  Federal  Constitution  and  by  the  Continental  Congress,  the 
term  of  the  President  had,  notwithstanding,  begun  on  March  4,  1789 
(I,  3).  The  twentieth  amendment,  declared  to  have  been  ratified  on 
February  6,  1933,  provides  that  Presidential  terms  shall  end  and  suc- 
cessor terms  shall  begin  at  noon  on  January  20.  Thus,  Franklin  D. 
Roosevelt's  first  term  began  on  March  4,  1933,  but  ended  at  noon  on 
January  20,  1937.  Formerly,  when  March  4  fell  on  Sunday,  the  public 
inauguration  of  the  President  occurred  at  noon  on  March  5  (III,  1996; 
VI,  449).  Following  ratification  of  the  XXth  Amendment,  the  first 
time  inauguration  day  fell  on  Sunday  was  January  20,  1957,  and 
Dwight  David  Eisenhower  took  the  oath  for  his  second  term  in  a  private 
ceremony  at  the  White  House  on  that  day;  followed  by  a  public 
inauguration  ceremony  on  the  steps  of  the  East  Front  of  the  Capitol 
on  Monday,  January  21,  1957.  The  twenty-second  amendment  pro- 
vides that  no  person  shall  be  elected  President  more  than  twice. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
.,„  n   .  .  Field  v.  Clark,  143  U.  S.,  649;  Garfield  v.  Goldsby, 

r!I"  DecTnS  211  U.  S.,  249;  Monongahela  Bridge  Co.  v.  United 

of  the  court.  States,  216  U.  S.,  177;  United  States  v.  Grimaud,  216 

U.  S.,  614;  Runkle  v.  U.  S.,  122  U.  S.,  557;  Kendall  v.  U.  S.,  12  Pet.,  524; 
Hampton  &  Co.  v.  United  States,  276  U.  S.,  394;  Springer  v.  Philippine 
Islands,  277  U.  S.,  189;  Youngstown  v.  Sawyer,  343  U.  S.,  579. 

2  Each  State  shall  appoint,  in  such  Manner  as  the 
§168.  Electors  of  Legislature  thereof  may  direct,  a  Num- 
presidentand  ber  of  Electors,  equal  to  the  whole 

Vice-President  _T          -  *    r<  -i-r-v 

and  their  Number  of  Senators  and  Representa- 

Qualificatio,*. 


in  the  Congress;  but  no  Senator  or  Representative, 

C56] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  H,  SECTION  1J  §§  169-172. 

or  Person  holding  an  Office  of  Trust  or  Profit  under 
the  United  States,  shall  be  appointed  an  Elector. 

Questions  of  the  qualifications  of  electors  have  arisen,  and  in  one 
instance  certain  ones  were  found  disqualified,  but  as  their  number  was 
not  sufficient  to  affect  the  result  and  as  there  was  doubt  as  to  what 
tribunal  should  pass  on  the  question  the  votes  were  counted  (III,  1941). 
In  other  cases  there  were  objections,  but  the  votes  were  counted  (III, 
1972-1974,  1979).  In  one  instance  an  elector  found  to  be  disqualified 
resigned  both  offices,  whereupon  he  was  made  eligible  to  fill  the  vacancy 
thus  caused  among  the  electors  (III,  1975). 

Decisions  of  the  Supreme  Court  of  the  United  States : 

Ex  parte  Siebold,  100  U.  S.,  371;  in  re  Green,  134 
§  169.  Decisions  U.   S.,   377;   McPherson  v.   Blacker,    146  U.  S.,    1; 

of  the  court.  Burroughs  and  Cannon  v.  U.  S.,   290  U.  S.,  534; 

Hay  v.  Blair,  343  U.  S.,  214. 

§170.  Time  of  3  The  Congress  may  determine  the 

choosing  electors       Time  of  chuskig  the  Electors,  and  the 

and  time  at  which          -p.  ,   .    1          ,  in-  it 

their  votes  are          Day  on  which  they  shall  give  their 
giveru  Votes;  which  Day  shall  be  the  same 

throughout  the  United  States. 

The  time  for  choosing  electors  has  been  fixed  on  "the  Tuesday  next 
after  the  first  Monday  in  November,  in  every  fourth  year;"  and  the 
electors  in  each  State  "meet  and  give  in  their  votes  on  the  first  Mon- 
day after  the  second  Wednesday  in  December  next  following  their 
appointment,  at  such  place  in  each  State  as  the  legislature  of  such 
State  shall  direct"  (III,  1914;  VI,  438;  3  U.  S.  C.  1,  7).  The  statutes 
also  provide  for  transmitting  to  the  President  of  the  Senate  certifi- 
cates of  the  appointment  of  the  electors  and  of  their  votes  (III,  1915- 
1917;  VI,  439;  3  U.  S.  C.  11). 

§  171.  Decision  Decision  of  the  Supreme  Court  of  the  United  States : 

of  the  court.  In  re  Green,  134  U.  S.,  377. 

4  No  Person  except  a  natural  born  Citizen,  or  a 
§  172.  Quairaca-  Citizen  of  the  United  States,  at  the  time 
if0^e0unH?ddent  of  the  Adoption  of  this  Constitution, 
stati.  m  e  shall  be  eligible  to  the  Office  of  Presi- 

dent; neither  shall  any  Person  be  eligible  to  that 
Office  who  shall  not  have  attained  to  the  Age  of 

[57] 


CONSTITUTION  OP  THE  UNITED  STATES 
§§173-176.  CABTICLE  II,  SECTION  1J 

thirty  five  Years;  and  been  fourteen  Years  a  Resident 
within  the  United  States. 

Decision  of  the  Supreme  Court  of  the  United 
States: 
§  173.  Decision  j     Us  v  The  Trustees  of  the  Sailors'  Snug  Harbor, 

of  the  court.  3  Pet.,  99. 

5  In  Case  of  the  Removal  of  the  President  from 
§174.  succession       Office,  or  at  his  Death,  Resignation,  or 
d^rlSr^,     Inability  to  discharge  the  Powers  and 
or  disability  of         Duties  of  the  said  Office,  the  same  shall 
vic^-presi^nt.        devolve  on  the  Vice  President,  and  the 
Congress  may  by  Law  provide  for  the  Case  of  Re- 
moval, Death,  Resignation  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer 
shall  then  act  as  President,  and  such  Officer  shall  act 
accordingly,  until  the  Disability  be  removed,  or  a 
President  shall  be  elected. 

Congress  has  by  law  provided  for  the  performance  of  the  duties  of 
the  President  in  case  of  removal,  death,  resignation  or  inability,  both 
of  the  President  and  Vice  President  (3  U.  S.  C.  19). 

6  The  President  shall,  at  stated  Times,  receive  for 
§175.  compensa-       ^s   Services,    a   Compensation   which 
tion  of  president.      shall  neither  be  encreased  nor  dimin- 
ished during  the  Period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  Period 
any  other  Emolument  from  the  United  States,  or  any 
of  them. 

7  Before  he  enter  on  the  Execution  of  his  Office,  he 
§  we.  oath  of  the      shall  take  the  following  Oath  or  Affirma- 

tion: — "I  do  solemnly  swear  (or  affirm) 


[58] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  II,  SECTIONS  1,  2]  §§  177-180. 

that  I  will  faithfully  execute  the  Office  of  President  of 
the  United  States,  and  will  to  the  best  of  my  Ability, 
preserve,  protect  and  defend  the  Constitution  of  the 
United  States/' 

The  taking  of  this  oath,  which  is  termed  the  inauguration,  is  made  the 
occasion  of  certain  ceremonies  which  are  arranged  for  by  a  joint  com- 
mittee of  the  two  Houses  (III,  1998,  1999;  VI,  451).  The  oath  is  taken 
at  the  east  portico  of  the  Capitol,  although  in  earlier  years  it  was  taken 
in  the  Senate  Chamber  or  Hall  of  the  House  (III,  1986-1995).  On 
March  4,  1909,  owing  to  inclemency  of  the  weather,  the  President-elect 
took  the  oath  and  delivered  his  inaugural  address  in  the  Senate  Cham- 
ber (VI,  447).  And  when  Vice-President  Fillmore  succeeded  to  the 
vacancy  in  the  office  of  President,  Congress  being  in  session,  he  took 
the  oath  in  the  Hall  of  the  House  in  the  presence  of  the  Senate  and 
House  (III,  1997).  In  1945  Franklin  D.  Roosevelt, 
§  177.  Decision  who  had  been  elected  for  his  fourth  term  as  Presi- 

of  the  court.  dent,  took  the  oath  of  office  on  the  south  portico 

at  the  "White  House. 

Decision  of  the  Supreme  Court  of  the  United  States:  In  re  Neagle, 
135  U.  S.,  1. 

SECTION  2.  l  The  President  shall  be  Commander  in 
§178.  The  Chief  of  the  Army  and  Navy  of  the 

£™d*fn  United  States,  and  of  the  Militia  of  the 
Chief*  several  States,  when  called  into  the 

actual  Service  of  the  United  States;  he  may  require 
the  Opinion,  in  writing,  of  the  principal 

§179.  Opinions  of  ^  .  ;_  °7  .       "T  ^ 

the  Presidents        Officer  in  each  of  the  executive  Depart- 


ments,  upon  any  Subject  relating  to  the 
Duties  of  their  respective  Offices,  and  he  shall  have 

power  to  grant  Reprieves  and  Pardons 
grants  reprieves  for  Offences  against  the  United  States, 
and  pardons.  except  in  Cases  of  Impeachment. 


[59] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§181-184.  CARTICLB  II,  SECTION  2J 

Decisions  of  the  Supreme  Court  of  the  United  States: 
United  States  v.  Wilson,  7  Pet.,  150;  Ex  parte  William  Wells,  18  How., 
307;  Ex  parte  Garland,  4  Wall.,  333;  Armstrong's 
Foundry,  6  Wall.,  766;  The  Grape  Shot,  0  Wall.,  129; 
United  States  v.  Padelford,  0  Wall.,  542;  United 
States  v.  Klein,  13  Wall.,  128;  Armstrong  v.  The  United  States,  13  Wall., 
154;  Pargoud  v.  The  United  States,  13  Wall.,  156;  Hamilton  v.  Dillin, 
21  Wall.,  73;  Mechanics  and  Traders  Bank  v.  Union  Bank,  22  Wall., 
276;  Lamar,  ex.,  v.  Browne  et  al.,  92  U.  S.,  187;  Wallach  et  al.,  v.  Van 
Riswick,  92  U.  S...  202;  Burdick  «.  U.  S.  236  U.  S.,  79;  Ex  parte  Gross- 
man, 267  U.  S.,  87;  Biddle  ».  Perovioh,  274  U.  S.  480;  Madsen  v. 
Kinsella,  343  U.  S.,  341. 

2  He  shall  have  Power,  by  and  with  the  Advice  and 
§  182.  president  Consent  of  the  Senate,  to  make  Trea- 
makes  treaties.  ties,  provided  two-thirds  of  the  Sena- 
tors present  concur;  and  he  shall  nominate,  and  by 
and  with  the  Advice  and  Consent  of  the  Senate,  shall 
appoint  Ambassadors,  other  public  Ministers  and 
§  iss  Appointing  Consuls,  Judges  of  the  supreme  Court, 
power  of  the  and  all  other  Officers  of  the  United 

resi  en "  States,   whose   appointments   are  not 

herein  otherwise  provided  for,  and  which  shall  be 
established  by  Law;  but  the  Congress  may  by  Law 
vest  the  Appointment  of  such  inferior  Officers,  as 
they  think  proper,  in  the  President  alone,  in  the 
Courts  of  Law,  or  in  the  Heads  of  Departments. 

The  power  of  the  President  to  appoint  diplomatic  representatives 
to  foreign  governments  and  to  determine  their  rank  is  derived  from 
the  Constitution  and  may  not  be  circumscribed  by  statutory  enact- 
ments (VII,  1248). 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Ware  v.  Hylton  et  al.,  3  Ball.,  199;  Marbury  v.  Madison,  1  Cr.  137; 

§184  Decisions  United  States  v.  Kirkpatrick,  9  Wh.,  720;  American 

of  the  court.  Insurance  Company  v.  Canter  (356  bales  cotton), 

1  Pet.,  511 ;  Foster  and  Elam  v.  Neilson,  2  Pet.,  253; 

[60] 


CONSTITUTION  OP  THE  UNITED  STATES 

{ARTICLE  n,  SECTIONS  2,  SI  §§  18S-187. 

Cherokee  Nation  v.  State  of  Georgia,  5  Pet.,  1;  Worcester  v.  State  of 
Georgia,  6  Pet.,  515;  City  of  New  Orleans  v.  De  Armas  et  al.,  9  Pet., 
224;  Holden  v.  Joy,  17  Wall.,  211;  United  States  v.  Germaine,  99  U.  S., 
508;  United  States  v.  Corson,  114  U.  S.,  619;  United  States  v.  Perkins, 
116  U.  S.,  483;  United  States  v.  Rauscher,  119  U.  S.,  407;  Mormon 
Church  v.  United  States,  136  U.  S.,  1;  Field  v.  Clark,  143  U.  S.,  649; 
Shoemaker  v.  United  States,  147  U.  S.  282;  Parsons  v.  United  States, 
167  U.  S.,  324;  Rice  v.  Ames,  180  U.  S.,  371;  Fourteen  Diamond 
Rings  v.  United  States,  183  U.  S.,  176;  Dorr  v.  United  States,  195  U.  S., 
138;  Kelly  v.  Griffin,  241  U.  S.,  6;  Glucksman  v.  Henkel,  221  U.  S., 
508;  Lamar  v.  U.  S.,  240  U,  S.,  60,  and  241  U.  S.,  103;  Wallace  v. 
U.  S.,  257  U.  S.,  541;  Myers  v.  U.  S.,  272  U.  S.,  53;  Humphrey's 
Executor  v.  U.  S.,  295  U.  S.,  602. 

3  The  President  shall  have  Power  to  fill  up  all 
§  iss  President^  Vacancies  that  may  happen  during  the 
power  to  fill  Recess  of  the  Senate,  by  granting  Com- 

reS^oTthT  ns  missions  which  shall  expire  at  the  End 
Senate*  of  their  next  Session. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
§  186.  Decisions  The  United  States  v.  Kirkpatrick  et  al.,  9  Wh., 

of  the  court.  720;  U.  S.  v.  Harsha,  172  U.  S.,  572. 

SECTION  3.  He  shall  from  time  to  time  give  to 
the  Congress  Information  of  the  State 

§  187.  Messages  5s  .  . 

from  the  of  the  U men,  and  recommend  to  their 

president.  Consideration  such  Measures  as  he  shall 

judge  necessary  and  expedient;     *     *     * 

In  the  early  years  of  the  Government  the  President  made  a  speech  to 
Congress  on  its  assembling  (V,  6629),  but  in  1801  President  Jefferson 
discontinued  this  practice  and  transmitted  a  message  "in  writing". 
This  precedent  was  followed  until  April  8,  1913,  when  the  custom  of 
addressing  Congress  in  person  was  resumed  by  President  Wilson  and, 
with  the  exception  of  President  Hoover  (VIII,  3333) ,  has  been  followed 
generally  by  subsequent  Presidents.  Only  messages  of  major  impor- 
tance are  delivered  in  person.  A  message  in  writing  is  usually  com- 
municated to  both  Houses  on  the  same  day,  but  an  original  document 

[61] 


CONSTITUTION  OF  THE  UNITEl}  STATES 
|§  188, 189.  [ARTICLE  II,  SECTION  3 J 

accompanying  can  of  course  be  sent  to  but  one  House  (V,  6616,  6617). 
In  early  years  confidential  messages  were  often  sent  and  considered  in 
secret  session  of  the  House  (V,  7251,  7252). 

When  the  President  has  indicated  that  he  will  address  Congress 
in  person  a  concurrent  resolution  is  passed  by  both  Houses  arranging 
for  a  joint  session  to  receive  the  message.  At  the  appointed  hour  the 
Members  of  the  Senate  arrive  and  occupy  the  three  front  rows  of 
the  House.  The  presiding  officer  of  the  Senate  sits  at  the  right  of  the 
Speaker,  who  presides  at  the  session. 

The  ceremony  of  receiving  a  message  in  writing  is  simple  (V,  6591), 
and  may  occur  during  consideration  of  a  question 
§188.  Reception          of  priviiege  (y,  6640-6642)  or  before  the  organiza- 
"  tion  of  the  House  (V,  6647-6649)  and  in  the  absence 

of  a  quorum  (V,  6650;  VIII,  3339).  But,  with  the 
exception  of  vetoes,  messages  are  regularly  laid  before  the  House  only 
at  the  time  prescribed  by  the  rule  for  the  order  of  business  ( V,  6635- 
6638)  within  the  discretion  of  the  Speaker  (VIII,  3341).  While  a  mes- 
sage of  the  President  is  always  read  in  full  the  latest  rulings  have  not 
permitted  the  reading  of  the  accompanying  documents  to  be  demanded 
as  a  matter  of  right  (V,  5267-5271;  VII,  1108).  A  concurrent  resolu- 
tion providing  for  a  joint  session  to  receive  the  President's  message  was 
held  to  be  of  the  highest  privilege  (VIII,  3335). 

*  *  *  he  may,  on  extraordinary  Occasions,  con- 
§189.  power  of  vene  both  Houses,  or  either  of  them, 
president  as  to  QJ^  in  Case  of  Disagreement  between 

convening  and  ° 

adjourning  them,  with  Respect  to   the  Time  of 

ngress.  Adjournment,  he  may  adjourn  them  to 

such  Time  as  he  shall  think  proper;     *     *     * 

In  certain  exigencies  the  President  may  convene  Congress  at  a  place 
other  than  the  seat  of  government  (I,  2;  2  U.  S.  C.  27).  Congress  has 
frequently  been  convened  by  the  President  (I,  10,  11;  Nov.  17,  1947, 
p.  10578;  July  26,  1948,  p.  9362),  and  in  one  instance,  when  Congress 
had  provided  by  law  for  meeting,  the  President  called  it  together  on 
an  earlier  day  (I,  12).  The  Congress  having  adjourned  on  July  27, 
1947,  p.  10521,  and  on  June  20,  1948,  p.  9350,  to  a  day  certain,  the 
President  called  it  together  on  an  earlier  date  than  that  to  which  it 
adjourned  (Nov.  17,  1947,  p.  10577,  and  July  26,  1948,  p.  9362). 
There  has  been  some  discussion  as  to  whether  or  not  there  is  a  dis- 

[62] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  II,  SECTIONS  3,  4]  §§  190-193. 

tinction  between  a  session  called  by  the  President  and  other  sessions 
of  Congress  (I,  12,  footnote). 

*  *  *  he  shall  receive  Ambassadors  and  other 
§  wo.  president  public  Ministers ;  he  shall  take  Care 
receive  ambas-  xhat  the  Laws  be  faithfully  executed, 

sadors,  executes  the  J  > 

laws,  and  com-        and  shall  Commission  all  the  officers  of 

missions  officers.  ,— «        -rT     .         .,    _. 

The  United  States. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
§191  Decisions  of  Marbury  v.  Madison,  1  Or.,  137;  Kendall,  Post- 

the  court.  master-General,  v.  The  United  States,  12  Pet.,  524; 

Luther  v.  Borden,  7  How.,  1;  The  State  of  Mississippi 
v.  Johnson,  President,  4  Wall.,  475;  Stewart  v.  Kahn,  11  Wall.,  493; 
In  re  Neagle,  135  U.  S.,  1. 

SECTION  4.  The  President,  Vice  President,  and  all 
§  m.  impeach-        civii  Officers  of  the  United  States,  shall 

ment  of  civil  rr* 

officers.  be  removed  from  Office  on  Impeach- 

ment for,  and  Conviction  of,  Treason,  Bribery,  or 
other  high  Crimes  and  Misdemeanors. 

In  the  Blount  trial  the  managers  contended  that  all  citizens  of  the 

United  States  were  liable  to  impeachment,  but  this 

§193.  AS  to  the  contention  was  not  admitted  (III,  2315),  and  in  the 

officers  who  may  _    __  ,    .    ,    ,      ,,  ,  ,    . 

be  impeached.  Belknap  trial  both  managers  and  counsel  for  re- 

spondent agreed  that  a  private  citizen,  apart  from 
offense  in  an  office,  might  not  be  impeached  (III,  2007).  But  resigna- 
tion of  the  office  does  not  prevent  impeachment  for  crime  or  mis- 
demeanor therein  (III,  2007,  2317, 2444, 2445,  2459,  2509).  In  Biount's 
case  it  was  decided  that  a  Senator  was  not  a  civil  officer  within  the 
meaning  of  the  impeachment  provisions  of  the  Constitution  (III, 
2310,  2316).  Questions  have  also  arisen  as  to  whether  or  not  the 
Congressional  Printer  (III,  1785),  or  a  vice-consul-general  (III,  2515), 
might  be  impeached.  Proceedings  for  the  impeachment  of  territorial 
judges  have  been  taken  in  several  instances  (III,  2486,  2487,  2488), 
although  various  opinions  have  been  given  that  such  an  officer  is  not 
impeachable  (III,  2022,  2486,  2493).  A  committee  of  the  House  by 
majority  vote  held  a  Commissioner  of  the  District  of  Columbia  not  to 


[63] 


CONSTITUTION  OF  THE  UXITKD  STATES 
§  194.  ^ARTICLE  II,  SECTION  41 

be  a  civil  officer  subject  to  impeachment  under  the  Constitution  (VI, 
548). 

As  to  what  are  impeachable  offenses  there  has  been  much  discussion 
(III,  2008,  2019,  2020,  2350-2362,  2370-2381,  2405, 
§194.  Nature  of         2406,  2410,  2498;  VI,  -455).     For  a  time  the  theory 
leases*516  tliat  mc*ictable  offenses  only  were  impeachable  was 

stoutly  maintained  and    as    stoutly    denied   (III, 
2356,  2360-2362,  2379-2381,  2405,  2406,  2410,  241C);  but  on  the  tenth 
and  eleventh  articles  of  the  impeachment  of  the  President  the  House 
concluded  to  impeach  for  other  than  indictable  offenses  (III,  2418), 
and  in  the  Swayne  trial  the  theory  was  definitely  abandoned  (III,  2019). 
While  there  has  not  been  definite  concurrence  in  the  claim  of  the  man- 
agers in  the  trial  of  the  President  that  an  impeachable  offense  is  any 
misbehavior  that  shows  disqualification  to  hold  and  exercise  the  office, 
whether  moral,  intellectual,  or  physical  (III,  2015),  yet  the  House 
has  impeached  judges  for  improper  personal  habits  (III,  2328,  2505), 
and  in  the  impeachment  of  the  President  one  of  the  articles  charged 
him  with  "intemperate,  inflammatory,  and  scandalous  harangues"  in 
public  addresses,  tending  to  the  harm  of  the  Government  (III,  2420). 
There  was  no  conviction  under  these  charges  except  in  the  single  case 
of  Judge  Pickering,  who  was  charged  with  intoxication  on  the  bench 
(III,  2328,  2341).     As  to  the  impeachment  of  judges  for  other  delin- 
quencies, there  has  been  much  contention  as  to  whether  they  may  be 
impeached  for  any  breach  of  good  behavior  (III,  2011,  201(5,  2497), 
or  only  for  judicial  misconduct  occurring  in  the  actual  administration 
of  justice  in  connection  with  the  court  (III,  2010,  2013,  2017).     The 
intent  of  the  judge  (III,  2014,  2382)  as  related  to  mistakes  of  the  law, 
and  the  relations  of  intent  to  conviction  have  been  discussed  at  length 
(III,  2014,  2381,  2382,  2518,  2519).     The  statutes  make  nonresidence 
of  a  judge  an  impeachable  offense,  and  the  House  has  taken  steps  to 
impeach  for  this  cause  (III,  2476,  2512).     There  has,  however,  been 
some  question  as  to  the  power  of  Congress  to  make  an  impeachable 
offense  (III,  2014,  2015,  2021,  2512).     Usurpation  of  power  has  been 
examined  several  times  in  its  relations  as  a  cause  for  impeachment 
(III,  2404,  2508,  2509,  2516,  2517).     There  has  also  been  discussion  as 
to  whether  or  not  there  is  distinction  between  a  misdemeanor  and  a 
high  misdemeanor  (III,  2270,  2367,  2492).     Review  of  impeachments 
in  Congress  showing  the  nature  of  charges  upon  which  impeachments 
have  been  brought  and  judgments  of  the  Senate  thereon  (VI,  466). 


[64:] 


CONSTITUTION   OF   THE    UNITED   STATES 

§§  195-197. 

>ecisionsof  Decisions  of  the  Supreme  Court  of  the  United 

*t.  States: 

igford  v.  United  States,  101  U.  S.,  341;  Shurtleff  v.  U.  S.,  189 
311. 

ARTICLE  III. 

SCTION  1.  The    judicial    Power    of    the    United 
States  shall  be  vested  in  one  supreme 
Court,  &u&  *&  suc^  inferior  Courts  as 
the  Congress  may  from  time  to  time 
ordain  and  establish    The  Judges,  both 
he  supreme  and  inferior  Courts,  shall  hold  their 
3es  during  good  Behaviour,  and  shall;  at  stated 
ies,  receive  for  their  Services,  a  Compensation, 
sh  shall  not  be  diminished   during  their  Con- 
Lance  in  Office. 

icisions  of  the  Supreme  Court  of  the  United  States: 

Chisholm,  ex.,  v.  Georgia,  2  Ball.,  419;  Stuart  v. 

Decisions  of        j^.^  1  Cp^  ^gg,  United  gtates  Vt  PeterSj  5  Cr^  115; 

Cohens  v.  Virginia,  6  Cr.,  264;  Martin  v.  Hunter's 
>e,  1  Wh.,  304;  Osborn  v.  United  States  Bank,  9  Wh.,  738;  Benner 
.  v.  Porter,  9  How.,  235;  The  United  States  v.  Ritchie,  17  How., 

Murray's  Lessee  et  al.  v.  Hoboken  Land  and  Improvement  Com- 
-,  18  How.,  272;  Ex  parte  Vallandigham,  1  Wall.,  243;  Pennoyer 
eff,  95  U.  S.,  714;  United  States  v.  Union  Pacific  Railroad  Co., 
\  S.,  569;  Mitchell  v.  Clark,  110  U,  S.,  633;  Ames  v.  Kansas,  111 
.,  449;  In  re  Loney,  134  U,  S.,  372;  In  re  Green,  134  U.  S.,  377; 
blister  v.  United  States,  141  U.  S.,  174;  Robertson  v.  Baldwin,  165 
}.,  275;  Turner  v.  Williams,  194  U.  S.,  279;  Ex  parte  Wisner,  203 
>.,  449;  Interstate  Commerce  Commission  v.  Illinois  Cent.  R.  Co., 
CJ.  S.,  452;  Muskrat  v.  U.  S.,  219  U.  S.,  346;  U.  S.  v.  Evans,  213  U.  S., 

Johannessen  v.  U.  S.,  225  IT.  S.,  227;  Oceanic  Steam  Nav.  Co.  v, 
anahan,  214  U.  S.,  320;  Myers  v.  United  States,  272  U.  S.,  53; 
nger  v.  Philippine  Islands,  277  U.  S.,  189;  Ex  parte  Bakelite  Corp., 
U.  S.,  438;  O'Donoghue  v.  U.  S.,  289  U.  S.,  516;  Williams  v.  U.  S., 
U.  S.,  553;  O'MaJley  v.  Woodrough,  307  U.  S.,  277. 

[65] 


CONSTITUTION  OF  THE  UNITED 
&§  198, 199.  [ARTICLE  III,  SECTION  21 

SECTION  2.  1  The  judicial  Power  shall  extend  to 
im.  Extent  of  the  all  Cases,  in  Law  and  Equity,  arising 
judicial  power.  under  this  Constitution,  the  Laws  of 
the  United  States,  and  Treaties  made,  or  which  shall 
be  made,  under  their  Authority  l ; — to  all  cases  affect- 
ing Ambassadors,  other  public  Ministers  and  Con- 
suls2;— to  all  Cases  of  admiralty  and  maritime  Juris- 
diction3;— to  Controversies  to  which  the  United  States 
shall  be  a  Party4; — to  Controversies  between  two  or 
more  States5;  between  a  State  and  Citizens  of 
another  State6; — between  Citizens  of  different  States7; 
— between  Citizens  of  the  same  State  claiming  lands 
under  Grants  of  different  States8,  and  between  a 
State,  or  the  Citizens  thereof,  and  foreign  States, 
Citizens  or  Subjects9. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

6  Missouri  v.  Illinois,  180  U.  S.,  208;  Eastern  Build- 
in&  Association  v.  Welling,  181  U.  S.,  47;  Dooley  v. 
United  States,  182  U.  S.,  222;  Tullock  v.  Mulvane, 

184  U.  S.,  497;  Patton  v.  Brady,  184  U.  S.,  608;  'Kansas  v.  Colorado, 

185  U.  S.,  125;  JSwafford  v.  Templeton,  185  U.  S.,  487;  *  Mobile  Trans- 
portation Co.  v.  Mobile,  187  U.  S.,  479;  xAndrews  v.  Andrews,  188 
U.  S.,  14;  looker  v.  Los  Angeles,  188  U.  S.,  314;  'Cummings  v.  Chi- 
cago, 188  U.  S.,  410;  lSohaefer  v.  Werling,  188  U.  S.,  516;  3The  Roa- 
noke,  189  U.  S.,  185;  'Detroit,  &c.,  Ry.  v.  Osborn,   189  U.  S.,  383; 
3Patterson  v.  Bark  Eudora,  190  U.  S.,  169;    'Howard  v.  Fleming,  191 
U.  S.,  126; ',  7Arbuckle  v.  Blackburn,  191  U.  S.,  405;   'Deposit  Bank  v. 
Frankfort,  191  U.  S.,  499;  *,  7Spencer  v.  Duplan  Silk  Co.,  191  U.  S.,  526; 
'Wabash  R.  R.  Co.  v.  Pearce,  192  U.  S.,  179;  Rogers  v.  Alabama,  192 
U.  S.,  226;  fiSouth  Dakota  v.  North  Carolina,  192  U.  S.  286;  'Bankers' 
Casualty  Co.  v.  Minn.,  St.  P.,  &c.,  Ry.,  192  U.  S.,  371;  'Spreckels 
Sugar  Refining  Co.  v.  McClain,  192  U.  S.,  397;  'Minnesota  ».  Northern 
Securities  Co.,  194  U.  S.,  48;  Pacific  Electric  Ry.  Co.  v.  Los  Angeles,  194 
U.  S.,  112;  'Hooker  v.  Burr,  194  U.  S.,  415;  'Cleveland  v.  Cleveland  City 
Ry.  Co.,  194  U.  S.,  517;  'Traction  Company  v.  Mining  Co.,  196  U.  S., 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  m,  SECTION  23  §§  200,201. 

239;  7Dawson  v.  Columbia  Trust  Co.  197  U.  S.,  178;  ^acobson  v.  Mas- 
sachusetts, 197  U.  S.,  11;  Leonard  v.  Vicksburg,  &c.,  R.  R.  Co.,  198 
U.  S.,  416;  7Farrell  v.  O'Brien,  199  U.  S.,  89;  ^South  Carolina  v.  United 
States,  199  U.  S.,  437;  'Carfer  v.  Caldwell,  200  U.  S.,  293;  'Security 
Mutual  Life  Ins.  Co.  v.  Prewitt,  202  U.  S.,  246;  5Kansas  v.  United 
States,  204  U.  S.,  331;  3The  Winnebago,  205  U.  S.,  354;  !Lee  v.  New 
Jersey,  207  U.  S.,  67;  St.  Louis  &  Iron  Mountain  Railway  v.  Taylor,  210 
U.  S.,  281;  'Berea  College  v.  Kentucky,  211  U.  S.,  45;  'North  American 
Cold  Storage  Co.  v.  Chicago,  211  U.  S.,  306;  Waters-Pierce  Oil  Co.  v. 
Texas,  212  U.  S.,  112;  Willcox  v.  Consolidated  Gas  Co.,  212  U.  S.,  19; 
American  Express  Co.  v.  Mullins,  212  U.  S.,  311;  Bonner  v.  Gorman, 
212  U.  S.,  86;  iAtchison,  Topeka  &  Santa  Fe  Ry.  v.  Sowers,  213  U.  S., 
55;  ^dams  Express  Co.  v.  Kentucky,  214  U.  S.,  218;  Oceanic  Steam 
Navigation  Co.  v.  Stranahan,  214  U.  S.,  320;  Goodrich  v.  Ferris,  214 
U.  S.,  71;  Smithsonian  Institution  v.  St.  John,  214  U.  S.,  19; 1  Western 
Union  Telegraph  Co.  v.  Chiles,  214  U.  S.,  274;  *E1  Paso  &  Northeastern 
Ry.  Co.  v.  Gutierrez,  215  U.  S.,  87;  JWeems  v.  United  States,  217  U.  S., 
349;  Virginia  v.  West  Virginia,  246  U.  S.,  565;  Hamilton  v.  Kentucky 
Distilleries  Co.,  251  U.  S.,  146;  ^utun  v.  United  States,  270  U.  S.,  568; 
Postum  Cereal  Co.  v.  Calif.  Fig  Nut  Co.,  272  U.  S.,  693;  Liberty  Ware- 
house Co.  v.  Grannis,  273  U.  S.,  70;  8London  Co.  v.  Industrial  Com., 
279  U.  S.,  109;  Ex  parte  Bakelite  Corp.,  279  U.  S.,  438;  National  Mutual 
Ins.  v.  Tidewater,  337  U.  S.,  582. 

2  In  all  Cases  affecting  Ambassadors,  other  public 
§200.  original  and  Ministers  and  Consuls,  and  those  in 
SE^T1*1*"  which  a  State  shall  be  a  Party,  the 
supreme  court  supreme  Court  shall  have  original 
Jurisdiction.  In  all  the  other  Cases  before  men- 
tioned, the  supreme  Court  shall  have  appellate  Juris- 
diction, both  as  to  Law  and  Fact,  with  such  Excep- 
tions, and  under  such  Regulations  as  the  Congress 
shall  make. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Chisholm,  ex.,  v.  Georgia,  2  Dall.,  419;  Wiscart 

et  aL  v'  D' Auchy>  3  DalL>  321  °>  Marbury  v.  Madison, 
1  Cr.,  137;  Durousseau  et  al.  v.  United  States,  6  Or., 
307;  Martin  v.  Hunter's  Lessee,  1  Wh.,  304;  Cohens  v.  Virginia,  6  Wh., 

[67] 


CONSTITUTION  OP  THE  UNITED  STATES 
§§202,203.  [ARTICLE  HI,  SECTION  21 

264;  Ex  parte  Kearney,  7  Wh.,  38;  Way  man  v.  Southard,  10  Wh,,  1; 
Bank  of  the  United  States  v.  Halstead,  10  Wh,,  51;  United  States  t>. 
Ortega,  11  Wh.,  467;  The  Cherokee  Nation  t>.  The  State  of  Georgia, 
5  Pet.,  1 ;  Ex  parte  Crane  et  aL,  5  Pet.,  190;  The  State  of  l\Tew  Jersey  t>. 
The  State  of  New  York,  5  Pet.,  284;  Ex  parte  Sibbald  v.  United  States, 
12  Pet.,  488;  The  State  of  Rhode  Island  v.  The  State  of  Massachusetts, 
12  Pet.,  657;  State  of  Pennsylvania  v.  The  Wheeling,  <fec.,  Bridge  Com- 
pany, 13  How.,  518;  In  re  Kaine,  14  How.,  103;  Abieman  v.  Booth  and 
United  States  v.  Booth,  21  Ho\v.,  506;  Frecborn  v.  Smith,  2  Wall,,  160; 
Ex  parte  McCardle,  6  Wall.,  318;  Ex  parte  McCardlo,  7  Wall.,  506;  Ex 
parte  Yerger,  8  Wall.,  85;  The  Lucy,  8  Wail.,  307;  The  Justices  v.  Mur- 
ray, 9  Wall.,  274;  Pennsylvania  v.  Quicksilver  Company,  10  Wall.,  553; 
Murdockt?.  City  of  Memphis,  20  Wall,  590;  The  "Francis  Wright,"  105 
U.  S.,  381;  B6rs  v.  Preston,  111  U.  S.,  252;  Ames  r.  Kansas,  111  U.  S., 
449;  Craig  v.  Leitensdorfer,  127  U.  S.,  764;  Wisconsin  v.  Pelican  Ins.  Co., 
127  U.  S.,  265;  United  States  v.  Texas,  143  U.  S.,  021;  Louisiana  v. 
Texas,  176  U.  S.,  1;  Wilkes  County  v.  Color,  180  U.  S.,  506;  W.  W. 
Cargill  Co.  v.  Minnesota,  180  U.  S.,  452;  Mallctt  v.  North  Carolina,  181 
U.  S.,  589;  United  States  v.  Bitty,  208  U.  S.,  393;  Oklahoma  v.  Gulf,  etc., 
R.  Co.,  220  U.  S.,  290;  Virginia  v.  West  Virginia,  220  U.  S.,  1 ;  Dunne  v. 
New  Jersey,  251  U.  S.,  311;  Popovici  v.  Aglo.r,  280  U.  S.,  379. 

3  The  Trial  of  all   Crimes,   except   in   Cases  of 
§202  Places  of        Impeachment,  shall  be  by  Jury;  and 
trial  of  crimes         such  Trial  shall  be  held  in  the  State 
yjury*  where  the  said  Crimes  shall  have  been 

committed;  but  when  not  committed  within  any 
State,  the  Trial  shall  be  at  such  Place  or  Places  as 
the  Congress  may  by  Law  have  directed. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Ex  parte  Milligan,  4  Wall.,  2;  Barton  v.  Harbour, 

f       104  U-  S-'  126;  Ex  Parte  WalL>  107  U'  S''  265»  Callan 
v.  Wilson,  127  U.  S.,  540;  Nashville,  Chattanooga, 

etc.,  Railway  v.  Alabama,  128  U.  S.,  96;  EHenbecker  v.  Plymouth 
County,  134  U.  S.,  31;  Jones  v.  United  States,  137  U.  S.,  202;  Cook  v. 
United  States,  138  U.  S.,  157;  In  re  Ross,  140  U.  S.,  453;  Fong  Yue  Ting 
v.  United  States,  149  U.  S.,  698;  In  re  Debs,  petitioner,  158  U.  S.,  564; 
Thompsons  Utah,  170  U.  S.,  343;  Schick  v.  United  States,  195  U.  S.,  65; 

[68] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  HI,  SECTIONS  2,  3]  §§  204-208. 

IT  v.  United  States,  195  U.  S.,  138;  Marvin  t>.  Trout,  199  U.  S.,  212; 
irtin  v.  Texas,  200  U.  S.,  316;  Tinsley  v.  Treat,  205  U.  S.,  20;  Armour 
eking  Co.  v.  United  States,  209  U.  S.,  56;  Haas  v.  Henkel,  216  U.  S., 
2;  Patton  v.  United  States,  281  U.  S.,  276;  Toth  v.  Quarles,  350  U.  S., 

SECTION.  3.  l  Treason  against  the  United  States, 
shall    consist    only    in    levying    War 

14,  Treason  ^  •/        o 

hist  the  united  against  them,  or  in  adhering  to  their 
Enemies,  giving  them  Aid  and  Com- 
rt.  No  Person  shall  be  convicted  of  Treason  un- 
ss  on  the  Testimony  of  two  Witnesses  to  the  same 
rert  Act,  or  on  Confession  in  open  court. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

United  States  v.   The  Insurgents,   2  Ball.,   335; 
Of       United  States  v.  Mitchell,  2  Ball.,  348;  Ex  parte 
Bollman  and  Swartwout,  4  Cr.,  75;  United  States  v. 
iron  Burr,  4  Cr.,  470. 

2  The  Congress  shall  have  Power  to  declare  the 
:o6.  punishment  Punishment  of  Treason,  but  no  At- 
P  treason.  tainder  of  Treason  shall  work  Corrup- 

.on  of  Blood,  or  Forfeiture  except  during  the  Life  of 
ae  person  Attainted. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Bigelow  v.  Forest,  9  Wall.,  339;  Day  t;.  Micou,  18 
207.  Decisions  of        WftU^  166;  Ex  parte  Lang6j  18  WalL>  163; 


ie  C01lrt'  et  al.  v.  Van  Riswick,  92  U.  S.,  202. 

ARTICLE  IV. 

SECTION  1.  Full  Faith  and  Credit  shall  be  given 
208.  Each  state  in  each  State  to  the  Public  Acts,  Rec- 
c^ecordl!!.,  °rds,  an<l  judicial  Proceedings  of  every 
f  other  states.  other  State.  And  the  Congress  may 
)y  general  Laws  prescribe  the  Manner  in  which  such 

(2581°  —  H.  Doc.  459,  86-2  -  6          [69] 


CONSTITUTION  OF  THE  UNITED 
§  209.  IART1CLE  XV,  SECTION  X J 

Acts,  Records  and  Proceedings  shall  be  proved,  and 
the  Effect  thereof. 

Decisions  of  the  Supreme  Court  of  the  I'nitrii  States: 

Mills  v.  Duryee,  7  Cr.,  481 ;  I  lamptont;.  McConneL 
3   Wh.,  2^;    Mayhew  t».   Thatcher,  6  Wh,  129; 
Darby's  Lessee  ».  Mayer,  10  Wh.,  465;  The  United 
States  v.  Amedy,  11  Wh.,  392;   Cl&lclwull  ct  al.  t>.  Carrington's  heirs, 
9  Pet.,  86;  M'Elmoyle  v.  Cohen,  13  Pet.,  312;  The  Bank  of  Augusta  v. 
Earle,  13  Pet.,  519;   Bank  of  the  State  of  Alabama  v.  Dalton,  9  How., 
522;    D'Arcy  v.  Ketchum,  11  How.,  165;  Christmas  v.  Russell,  5  Wall, 
290;  Green  v.  Van  Buskirk,  7  Wall,  139;  Paul  v.  Virginia,  8  Wall.,  168; 
Board  oi  Public  Works  v.  Columbia  College,  17  Wall.,  521;  Thompson 
v.  Whitman,  18  Wall.,  457;  Pcnnoyerw.  Nobb,  05  Tr.  »S.  714;  Bonaparte 
v.  Tax  Court,  104  U.  S.  592;    Robertson  v.  IMckreli,  109  U.  S.,  608; 
Hanley  v.  Donoghue,  116  U.  S.,  1;  Remind  v.  Abbott,  116  U.  S.,  277; 
Chicago  &  Alton  R.  R.  v.  Wiggins  Ferry  Co.,  119  U.  S.,  615;  Borer  v. 
Chapman,  119  U.  S.,  587;  Cole  v.  Cunningham,  133  IT.  S.,  107;  Blount 
v.  Walker,  134  U.  S.,  607;  Simmons  v.  Saul,  138  U.  S.,  439;  Reynolds  v. 
Stockton,  140  U.  S.,  254;  Carpenter  v.  Strung^  141  U.  S.,  87;  Hunt- 
ington  v.  Attrill,  146  U.  S.,  657;  Glenn  v.  Garth,  M7  U.  S.,  360;  Laing 
v.  Rigney,  160  U.  S.,  531;  Chicago,  Rock  Island  &  Pacific  Railway  Co. 
v.  Sturm,  174  U.  S.,  710;  Thormann  v.  Frame,  176  U.  S.,  350;  Hancock 
National  Bank  v.  Farnum^  176  U.  S.,  040;  Clarke  v.  Clarke  et  al.,  178 
U.  S.,  186;  Wilkes  County  v.  Color,  180  U.  S.f  506;    W.  W.  Cargill  Co. 
v.  Minnesota,  180  U.  S.,  452;  Johnson  v.  New  York  Life  Ins.  Co.,  187 
U.  S.,  491;   Andrews  v.  Andrews,  188  U.  S.,  14;    Blaekstone  v.  Miller, 
188  U.  S.,  189;   Finney  v.  Guy,  189  U.  S.,  335;    Anglo-American  Pro- 
vision Co.  v.  Davis  Provision  Co.,  191  U.  S*,  373;   Wabash  R.  R.  Co.  v. 
Flannigan,  192  U.  S.,  29;   German  Savings  Society  v.  Dormitzer,  192 
U.  S.,  125;  Wedding  v.  Meyler,  192  IT.  S.,  573;  National  Mutual  Build- 
ing and  Loan  Ass.  v.  Brahan,  193  U.  S.,  635;    Minnesota  v.  Northern 
Securities  Co.,  194  U.  S.,  48;   National  Exchange  Bank  v.  Wiley,  195 
U.  S.,  257;  Jaster  v.  Currie,  198  U.  S.,  144;  Harding  v.  Harding,  198 
U.  S.,  317;  Harris  v.  Balk,  198  U.  S.,  215;  Louisville  &  Nashville  R.  R. 
v.  Deer,  200  U.  S.,  176;  Haddock  v.  Haddock,  201  U.  S.,  562;  Northern 
Assurance  Co.  v.  Grand  View  Building  Association,  203  U.  S.,  106;  Wet- 
more  v.  Karrick,  205  U.  S.,  141;    Old  Wayne  Life    Association  v. 
McDonough,  204  U.  S.,  8;   Tilt  v.  Kelsey,  207  U.  S.,  43;    Brown  v. 
Fletcher's  Estate,  210  U.  S.,  82;   Fauntleroy  v.  Lum,  210  U.  S.,  230; 

[70] 


CONSTITUTION  OP  THE  UNITED  STATES 

[ARTICLE  IV,  SECTIONS  1,  2]  §§210,211. 

Atchison,  Topeka  &  Santa  Fe  Ry.  Co.  v.  Sowers,  213  U.  S.,  55;  Everett 
v.  Everett,  215  U.  S.,  203;  Fall  v.  Eastin,  215  U.  S.,  1;  Olmsted  v.  Olm- 
sted,  216  U.  S.,  386;  Tennessee  Coal,  etc.,  Co.  v,  George,  233  U.  S., 
354;  Supreme  Council  of  Royal  Arcanum  v.  Green,  237  TJ.  S.,  531; 
Aetna  Life  Ins.  Co.  v.  Tremblay,  223  TJ.  S.  185;  West  Side  Belt  Co. 
v.  Pittsburgh  Constr.  Co.,  219  TJ.  S.,  92;  Michigan  Trust  Co.  v.  Ferry, 
228  TJ.  S.,  346;  Thompson  v.  Thompson,  226  TJ.  S.,  551;  Wells,  Fargo 
&  Co.  v.  Ford,  238  U.  S.,  503;  Hood  v.  McGehee,  237  TJ.  S.,  611; 
Burbank  v.  Ernst,  232  U.  S.,  162;  Sistare  t>.  Sistare,  218  U.  S.,  11; 
Converse  v.  Hamilton,  224  TJ.  S.,  243;  Bigelow  v.  Old  Dominion  Copper 
Min.,  etc.,  Co.,  225  TJ.  S.,  Ill;  Hartford  L.  Ins.  Co.  v.  Ibs,  237 
U.  S.,  662;  Swift  v.  McPherson,  232  TJ.  S.,  51;  Bates  v.  Bodie,  245 
U.  S.,  520;  Hartford  L.  Ins.  Co.  v.  Barber,  245  TJ.  S.,  146;  Roche  v. 
McDonald,  275  TJ.  S.,  449;  Bradford  Elec.  Co.  v.  Clapper,  286  U.  S., 
145;  Williams  v.  N.  C.,  317  TJ.  S.,  287  and  325  U.  S.,  226. 

SECTION  2.   1  The  Citizens    of    each 

§  210.  PrivUeges 

and  immunities        State  shall  be  entitled  to  all  Privileges 
and    Immunities    of    Citizens    in    the 
several  States. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Bank  of  United  States  v.  Devereux,  5  Cr.,  61; 
Gassies  V-  Ballon,  6  Pet.,  761;  The  State  of  Rhode 
Island  v.  The  Commonwealth  of  Massachusetts,  12 
Pet.,  657;  The  Bank  of  Augusta  v.  Earle,  13  Pet.,  519;  Moore  v.  The 
People  of  The  State  of  Illinois,  14  How.,  13;  Conner  et  al  v.  Elliott  et  al., 
18  How.,  591;  Dred  Scott  v.  Sanford,  19  How.,  393;  Crandall  v.  State 
of  Nevada,  6  Wall.,  35;  Woodruff  v.  Parkam,  8  Wall.,  123;  Paul  v. 
Virginia,  8  Wall.,  168;  Downham  v.  Alexandria  Council,  10  Wall.,  173; 
Liverpool  Insurance  Company  v.  Massachusetts,  10  Wall.,  566;  Ward 
v.  Maryland,  12  Wall.,  418;  Slaughterhouse  Cases,  16  Wall.,  36;  Brad- 
well  v.  The  State,  16  Wall.,  130;  Chemung  Bank  v.  Lowery,  93  U.  S.,  72; 
McCready  v.  Virginia,  94  U.  S.,  391;  Philadelphia  Fire  Association  v. 
New  York,  119  U.  S.,  110;  Pembina  Mining  Co.  v.  Pennsylvania,  125 
U.  S.,  181;  Kimmish  v.  Ball,  129  U.  S.,  217;  Cole  v.  Cunningham,  133 
U.  S.,  107;  Manchester  v.  Massachusetts,  139  U.  S.,  240;  Pittsburg  & 
Southern  Coal  Co.  v.  Bates,  156  U.  S.,  577;  Vance  v.  W.  A.  Vandercook, 
No.  1,  170  U.  S.,  438;  Blake  v.  McClung,  172  U.  S.,  239;  Williams  v. 
Fears,  179  U.  S.,  270;  Travellers  Insurance  Co.  v.  Connecticut,  185 
U.  S.,  364;  Chadwick  v.  Kelley,  187  U.  S.,  540;  Diamond  Glue  Co.  v. 

[71] 


CONSTITUTION  OF  THK   UNITED  STATES 
§§222-214.  {ARTICLE  IV,  SECTION  2} 

U.  S.  Glue  Co.,  187  U.  S.,  611;  Biackatone  r.  Millor,  188  U.  S.,  1 
Anglo  American  Provision  Co.  i\  Davis  Provision  Co.,  191  U.  S.t  3 
Chambers  v.  Baltimore  ami  Ohio  Railroad  Co.,  207  U,  S.,  142;  Hud 
Water  Co.  v.  McCarter,  200  17.  8.,  340;  Armour  &  Co.  y.  Virginia,  : 
U.  S.,  1. 

2  A  person  charged  in  any  State  with  Treasc 
Felony,  or  other  Crime,  who  shall  fl 

§  212.  Extradition  *    '  . 

ror  treason,  felony     from  Justice,  and  be  louncl  in  anotb 

or  other  crime.  (>f  t 


Authority  of  the  State  from  which  he  fled,  be  d 
livered  up,  to  be  removed  to  the  State  having  Jur: 
diction  of  the  Crime. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Holmes  v.  Jcnuison  et  ah,  14  Pet.,  540;  Commc 
§213.  Decisions  of        weaith  of  Kentucky  v.  DenniHon,  governor,  24  HOT 

e  *""  66  ;  Taylor  v.  Taint  or,  10  Wall.,  3i>0;  Lx  parte  Regg 

114  U.  S.,  642;  Mahon  v.  Justice,  127  U.  S,,  700;  Lnscollcs  v.  Oeorg: 
148  U.  S.,  537;  Munsey  v.  Clough,  190  U.  S.,  364;  Appleyard  v.  Mass 
chusetts,  203  TJ.  S.,  222;  Pettibone  v.  Nichols,  203  U.  a,  102;  MoNichc 
v.  Pease,  207  U.  S.,  100;  Bossing  v.  Caely,  208  U.  8.,  38G;  Pierce 
Creecy,  210  U.  S.,  387;  Marbles  v.  Creecy,  215  U.  S.,  C>3;  Inncs  v.  Tobi 
240  U.  S.,  127;  Drew  v.  Thas,  235  U.  S.*,  432;  Strassheim  v.  Daily,  2: 
U.  S.,  280;  Biddinger  ».  Commissioner  of  Police,  245  U.  S.,  128;  Burt< 
v.  N.  Y.  Cent.  R.  R.,  245  U.  S.,  315. 

3  No  Person  held  to  Service  or  Labour  in  one  Stat 
§  214.  Persona  held  under  the  Laws  thereof,  escaping  inl 
to  service  or  labor.  another;  shall  in  Consequence  of  an 
Law  or  Regulation  therein,  be  discharged  from  sue 
Service  or  Labour,  but  shall  be  delivered  up  o 
Claim  of  the  Party  to  whom  such  Service  or  Laboi] 
may  be  due. 


[72] 


CONSTITUTION  OF  THE  UNITED  STATES 

[AJBTICLE  IV,  SECTIONS  2,  3]  §§216-218. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Prigg  v-  The  Commonwealth  of  Pennsylvania,  16 
Pet-»  539J  Jones  »•  Van  Zandt,  5  How.,  215;  Strader 
et  al.  v.  Graham,  10  How.,  82;  Moore  v.  The  People 
of  the  State  of  Illinois,  14  How.,  13;  Dred  Scott  v.  Sandford,  19  How., 
393;  Ableman  v.  Booth  and  United  States  v.  Booth,  21  How.,  506. 

SECTION  3.  l  New  States  may  be  admitted  by  the 
Congress  into  this  Union:  but  no  new 

§  216.  Admission  °  ; 

and  formation  of       State  shall  be  formed  or  erected  within 
tates.  ^e  Jurisdiction  of  any  other  State;  nor 

any  State  be  formed  by  the  Junction  of  two  or 
more  States,  or  Parts  of  States,  without  the  consent 
of  the  Legislatures  of  the  States  concerned  as  well  as 
of  the  Congress. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

D    *  •        f          American  Insurance  Company  et  al.  v.  Canter  (356 
the  court?1810118  °        bales  cotton)  ,  1  Pet.,  511;  Pollard's  Lessee  v.  Hagan, 


3  How.,  212;  Cross  et  al.  v.  Harrison,  16  How.,  164; 
Ward  v.  Race  Horse,  163  U.  S.,  504;  Bolln  v.  Nebraska,  176  U.  S.,  83; 
Louisiana  v.  Mississippi,  202  U.  S.,  1;  Coyle  v.  Smith,  221  U.  S.,  559; 
U.  S.  v.  Sandoval,  231  U.  S.,  28;  McCabe  v.  Atchison,  etc.,  R.  Co., 
235  U.  S.,  151;  John  v.  Paullin,  231  U.  S.,  583. 

2  The  Congress  shall  have  Power  to  dispose  of  and 
§  218.  Power  of  make  all  needful  Rules  and  Regulations 
to^ndso^rterrs"  respecting  the  Territory  or  other  Prop- 
nationai  property.  erty  belonging  to  the  United  States  ;  and 
nothing  in  this  Constitution  shall  be  so  construed  as 
to  Prejudice  any  Claims  of  the  United  States,  or  of 
any  particular  States. 


[73] 


CONSTITUTION  OF  THE  UNITED  STATICS 
§§219,220.  [ARTICLE  IV,  SECTIONS  3,  43 

Decisions  of  the  Supreme  Court  of  the  United  States: 

McCulloch  v.   State  of   Maryland,  4  Wh.,  316; 
§219.  Decisions  of      Americftn  insurance  Company  v.  Canter,  1  Pet,  51l'; 
ec°ur  "  United  States  v.  Gratiot  et  ah,  14  Pet.,  526;  United 

States  9.  Rogers,  4  How.,  507;  Cross  et  al.  v.  Harrison,  16  How.,  164; 
Muckey  et  al.  v.  Coxe,  18  How.,  100;  Dred  Scott  v.  Sandford,  19  How., 
393;  Gibson  v.  Choutcau,  13  Wall.,  92;  Clinton  ».  Knglebrocht,  13  Wall, 
434;  Beall  v.  New  Mexico,  10  Wall.,  535;  National  Bank  v.  Yankton 
County,  101  U.  S.,  129;  United  States  v.  Waddell,  112  U.  S.,  76;  Van 
Brocklin  v.  State  of  Tennessee,  117  U.  S.  151;  Clayton  v.  Utah  Terri- 
tory, 132  U.  S.,  632;  Wisconsin  Central  Railroad  Co.  v.  Price,  133  II.  S., 
496;  Geofroy  v.  Riggs,  133  U.  S.,  258;  Mormon  Church  v.  United  States^ 
136  U.  S.,  1;  Jones  v.  United  States,  137  U.  S.,  202;  St.  Paul,  Minne- 
apolis, etc.,  Railway  Co.  v.  Phelps,  137  U.  S.f  528;  Talton  v.  Mayes, 
163  U.  S.,  376;  American  Publishing  Co,  v.  Fisher,  166  U.  S.,  464; 
Camfield  v.  United  States,  167  U.  S.,  518;  Thompson  v.  Utah,  170 
U.  S.  343;  Green  Bay  &  Mississippi  Canal  Co.  v.  Patten  Paper  Co.,  173 
U.  S.,  179;  Neely  v.  Henkel  (No.  1),  180  U.  S.,  109;  De  Lima  v.  Bidwell, 
182  U.  S.,  1;  Dooley  ?>.  United  States,  182  U.  S.,  222;  Downes  v.  Bidwell, 
182  U.  S.,  244;  Fourteen  Diamond  Rings  v.  United  States,  183  U.  S., 
176;  Hawaii  v.  Mankichi,  190  U.  S.,  197;  Binns  v.  United  States,  194 
U.  S.,  486;  Dorr  v.  United  States,  195  U.  S.,  138;  Rassmussen  v.  United 
States,  197  U.  S.,  516;  United  States  v.  Heinsgen,  206  U.  S.,  370;  Graf- 
ton  v.  United  States,  206  U.  S.,  333;  Ponce  v.  Roman  Catholic  Church, 
210  U.  S.,  296;  Atchison,  Topeka  &  Santa  Fe  lly.  Co.  v.  Sowers,  213 
U.  S.  55;  El  Paso  &  Northeastern  Ry.  Co.  v.  Gutierrez,  215  U.  S.,  87; 
Weems  v.  United  States,  217  U.  S.,  349;  Light  v.  U.  S.,  220  U.  S.,  523. 
Oregon,  etc.,  R.  Co.  v.  U.  S.,  243  U.  S.,  549;  Utah  Power,  etc.,  Co.  v. 
U.  S.  243  U.  S.,  389;  U.  S.  v.  Midwest  Oil  Co.,  236  U.  S.,  459;  Inter- 
state Commerce  Com.  v.  U.  S.,  224  U.  S.,  474;  Public  Utility  Commrs. 
v.  Ynchausti  &  Co:,  251  U.  S.  401;  Springer  v.  Philippine  Islands,  277 
U.  S.  189;  Hunt  v.  United  States,  278  U.  S.,  96;  Sinclair  v.  United 
States,  279  U.  S.,  263;  Ashwander  v.  Valley  Authority,  297  U.  S.,  288. 

SECTION  4.  The  United  States  shall  guarantee  to 
§220.  Republican      every  State  in  this  Union  a  Republican 
Form  of  Government,  and  shall  protect 


domestic  violence      eac]a  of  them  against  Invasion;  and  on 

guaranteed  to  the  ^  ? 

states.  Application  of  the  Legislature,  or  of  the 

[74] 


CONSTITUTION  OF  THE  UNITED  STATES 

§§  221,  222. 

Executive    (when  the   Legislature   cannot  be   con- 
vened) against  domestic  violence. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
§221  Decisions  of  Luther  v.  Borden,  7  How.,  1;  Texas  v.  White,  7 

the  court.  Wall.,  700;  In  re  Duncan,  139  II  S.,  449 ;  Taylor  et  al. 

v.  Beckham  (No.  1),  178  U.  S.,  548;  South  Carolina  v. 
United  States,  199  U.  S.,  437;  O'Neill  v.  Learner,  239  U.  S.,  244;  Houck 
v.  Little  River  Drainage  Dist.,  239  U.  S.,  254;  Michigan  Cent.  R.  Co.  v. 
Powers,  201  U.  S.,  245;  Pacific  States  Tel.  Co.  v.  Oregon,  223  U.  S., 
118;  Ohio  v.  Hildebrant,  241  U.  S.,  565. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose 
l^crslTon,  Amendments  to  this  Constitution,  or, 
on  the  Application  of  the  Legislatures 
of  two  thirds  of  the  several  States,  shall  call  a  Con- 
vention for  proposing  Amendments,  which,  in  either 
Case,  shall  be  valid  to  all  Intents  and  Purposes,  as 
Part  of  this  Constitution,  when  ratified  by  the  Legis- 
latures of  three  fourths  of  the  several  States,  or  by 
Conventions  in  three  fourths  thereof,  as  the  one  or  the 
other  Mode  of  Ratification  may  be  proposed  by  the 
Congress;  Provided  that  no  Amendment  which  may 
be  made  prior  to  the  Year  One  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the 
first  and  fourth  Clauses  in  the  Ninth  Section  of  the 
first  Article;  and  that  no  State,  without  its  Consent, 
shall  be  deprived  of  its  equal  Suffrage  in  the  Senate. 


[75] 


CONSTITUTION  OP  THE  UNITED  STATES 
58223-225.  t ARTICLES  V,  VIJ 

Amendments  to  the  Constitution  are  proposed  in  the  form  of  joint 
§  223.  Form  of  and  resolutions,  which  have  their  several  readings  and  are 
action  on  amend-  enrolled  and  signed  by  the  presiding  officers  of  the 
ments  to  the  two  Houses  ( V,  7020,  footnote) ,  but  are  not  presented 

Constitution.  to  the  p^g^ent  for  his  approval  (V,  7040).     They 

are  filed  with  the  Administrator  of  General  Services  by  the  Committee 
on  House  Administration  (1  U.  S.  C.  106b).  The  two  houses  havi 
requested  the  President  to  transmit  to  thi>  States  forthwith  certaii 
proposed  amendments  (V,  7041,  7043),  but  a  concurrent  resolution 
to  this  end  is  without  privilege  (VIII,  3508).  The  President  ma; 
notify  Congress  by  message  of  the  promulgation  of  the  ratification  of ; 
constitutional  amendment  (V,  7044).  Question  has  arisen  as  to  th 
power  of  a  State  to  recall  its  assent  to  a  constitutional  amendmen 
(V.  7042). 

The  vote  required  on  a  joint  resolution  proposing  an  amendment  t< 
§  224.  The  two-  ^e  Constitution  is  two-thirds  of  those  voting,  ! 

thirds  vote  on  quorum  being  present,  and  not  two-thirds  of  the  en 

proposed  tire  membership  (V,  7027,  7028;  VIII,  3503).     Th 

amendments.  requirement  of  the  two-thirds  vote   applies  to  th 

vote  on  the  final  passage  and  not  to  amendments  (V,  7031,  7032 
VIII,  3504),  or  prior  stages  (V,  7029,  7030),  but  is  required  where  th 
House  votes  on  agreeing  to  Senate  amendments  (V,  7033,  7034;  VIII 
3505),  or  on  agreeing  to  a  conference  report  (V,  7036).  One  Hous 
having,  by  a  two-thirds  vote,  passed  in  amended  form  a  propose 
constitutional  amendment  from  the  other  House,  and  then  havin 
by  a  majority  vote  receded  from  its  amendment,  the  constitutions 
amendment  was  held  not  to  be  passed  (V,  7035) . 

The  yeas  and  nays  are  not  required  to  pass  a  joint  resolution  propoi 
ing  to  amend  the  Constitution  (V,  7038-7039;  VIII,  3500). 

Decisions  of  the  Supreme  Court  of  the  United  States:  Barry  v.  U. 
ex.  rel.  Cunningham,  279  U.  S.,  597;  Coleman  v.  Miller,  307  U.  S.  433. 

ARTICLE  VI. 

XA11  Debts  contracted  and  Engagements  entere 

§225.  validity  of  "lto'  kef  ore  the  Adoption  of  this  Coi 
debts  and  stitution,  shall  be  as  valid  against  tl 

engagements.  TT     • 

United  States  under  this  Constitutioi 
as  under  the  Confederation. 


[re] 


CONSTITUTION  OF  THE  UNITED  STATES 

CABTICLE  VI]  §§  226,227. 

2  This  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursu- 

§226.  constitution,  ance  thereof ;  and  all  Treaties  made,  or 
which  sha11  be  made,  under  the  Author- 
fry  of  the  United  States,  shall  be  the 
supreme  Law  of  the  Land;  and  the 

Judges  in  every  State  shall  be  bound  thereby,  any 

Thing  in  the  Constitution  or  Laws  of  any  State  to 

the  Contrary  notwithstanding. 

Decisions  of  the  Supreme  Court  of  the  United  States : 

Ware  v.  Hylton,  3  DalL,  199;  Dodge  v.  Woolsey, 

18  How'>  3B1 ;  State  of  New  York  v-  Dibble>  21  How., 
366;  Ableman  v.  Booth  and  United  States  v.  Booth, 

21  How.,  506;  Sinnot  v.  Davenport,  22  How.,  227;  Foster  v.  Davenport, 

22  How.,  244;  Haver  v.  Yaker,  9  Wall.,  32;  Claflin  v.  Houseman, 
assignee,  93  U.  S.,  130;  United  States  v.  43  Gallons  of  Whisky,  93 
U.  S.,  188;  Hauenstein  v.  Lynham,  100  U.  S.,  483;  Neal  v.  Delaware, 
103  U.  S.,  370;  Ex  parte  Crow  Dog,  109  U.  S.,  556;  Carroll  County 
v.  Smith,  111  U.  S.,  556;  Head  Money  Cases,  112  U.  S.,  580;  Van 
Brocklin    v.    State    of    Tennessee,    117    U.    S.,    151;    United   States 
v.  Rauscher,  119  U.  S.,  407;  Ker  v.  Illinois,  119  U.  S.,  436;  Whitney  v. 
Robinson,  124  U.  S.,  190;  The  Chinese  Exclusion  Cases,  130  U.  S.,  581; 
Geofroy  v.  Riggs,  133  U.  S.,  258;  In  re  Neagle,  135  U.  S.,  1;  Horner  v. 
United*  States,  143  U.  S.,  570;  Fong  Yue  Ting  v.  United  States,  149 
U.  S.,  698;  Gulf,  Colorado  and  Santa  Fe  Railway  Co.  v.  Hefley,  158 
U.  S.,  98;  Ward  v.  Race  Horse,  163  U.  S.,  504;  McClellan  v.  Chipman, 
164  U.  S.,  347;  Smyth  v.  Ames,  169  U.  S.,  466;   Missouri,  Kansas  & 
Texas  Railway  Co.  v.  Haber,  169  U.  S.,  613;  Ohio  v.  Thomas,  173  U. 
S.,  276;  Lone  Wolf  v.  Hitchcock,  187  U.  S.,  553;  South  Carolina  v. 
United  States,  199  U.  S.,  437;  Paddell  v.  City  of  New  York,  211  U.  S,, 
446;  Berea  College  v.  Kentucky,  211  U.  S.,  45;  McLean  v.  Arkansas, 
211  U.  S.,  539;  Atchison,  Topeka  &  Santa  Fe  Ry.  Co.  v.  Sowers,  213 
U.  S.,  55;  Sanchez  v.  United  States,  216  U.  S.,  167;  Choctaw,  etc.,  R. 
Co.,  v.  Harrison,  235  U.  S.,  292;  Farmers,  etc.,  Bank  v.  Minnesota, 
232  U.  S.,  516;  Clement  Nat.  Bank  v.  Vermont,  231  U.  S.,  120;  Pa.  v. 
Nelson,  350  U.  S.,  497. 


[77] 


CONSTITUTION  OF  THE  UNITBD  STATES 
§§228-230.  [ARTICLE  VI J 

3  The  Senators  and  ^Representatives  before  men- 
§  228.  oaths  of  tioned,  and  the  Members  of  the  several 
and^Son  State  Legislatures,  and  all  executive 
of  reu^ous  tests,  and  judicial  Officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by 
Oath  or  Affirmation,  to  support  this  Constitution; 
but  no  religious  Test  shall  ever  be  required  as  a 
Qualification  to  any  Office  or  public  Trust  under  the 
United  States. 

The  statutes  prescribe  the  form  of  oath  as  follows  (5  U.  S.  C.  16; 
I,  128): 

"I,  A  B,  do  solemnly  swear  (or  affirm)  that  I  will 
§229.  Poem  of  support  and  defend  the  Constitution  of  the  United 

°*   *  States  against  all  enemies,  foreign  and  domestic;  that 

I  will  bear  true  faith  and  allegiance  to  the  same;  that  I  take  this  obliga- 
tion  freely,  without  any  mental  reservation  or  purpose  of  evasion,  and 
that  I  will  well  and  faithfully  discharge  the  duties  of  the  office  on  which 
I  am  about  to  enter.  So  help  me  God." 

The  act  of  1789  provides  that  on  the  organization  of  the  House  and 

previous  to  entering  on  any  other  business  the  oath 

§  230.  Administra-        ghall  be  administered  by  anv    Member-— by  usage 

tion  of  oath  at  ,  *  *  *  . 

organization.  kut  not  alwavs  the  one  of  longest  continuous  service 

(I,  131;  VI,  6)— to  the  Speaker  and  by  the  Speaker 
to  the  other  Members  and  Clerk  (I,  130).  This  law,  however,  has  at 
times  been  considered  in  the  House  as  directory  merely  (I,  118r  242, 
243,  245;  VI,  6),  but  at  other  times  has  been  observed  carefully  (I,  118, 
140).  Previously  it  was  the  custom  to  administer  the  oath  by  State 
delegations,  but  beginning  with  the  Seventy-first  Congress  Members- 
elect  have  been  sworn  in  en  masse  (VI,  8).  The  Clerk  supplies  printed 
copies  of  the  oath  to  Members  and  Delegates  who  have  taken  the  oath 
in  accordance  with  law,  which  shall  be  subscribed  by  the  Members  and 
Delegates  and  delivered  to  the  Clerk  to  be  recorded  in  the  Journal  and 
Congressional  Record  as  conclusive  proof  of  the  fact  that  the  signer 
duly  took  the  oath  in  accordance  with  law  (2  U.  S.  C.  25). 


[78] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLE  VH  §§  231-233. 

The  Speaker  possesses  no  arbitrary  power  in  the  administration  of  the 
§  231.  Functions  oat^  (*»  134),  and  when  objection  is  made  the  ques- 
of  the  Speaker  in  tion  must  be  decided  by  the  House  and  not  by  the 
administering  Chair  (I,  519,  520).  An  objection  prevents  the 

the  oath.  Speaker  from  administering  the  oath  of  his  own 

authority,  even  though  the  credentials  be  regular  in  form  (I,  135-138). 
The  Speaker  has  frequently  declined  to  administer  the  oath  in  cases 
wherein  the  House  has,  by  its  action,  indicated  that  he  should  not  do 
so  (I,  139,  140).  And  in  case  of  doubt  he  has  waited  the  instruction 
of  the  House  (I,  396;  VI,  11).  There  has  been  discussion  as  to  the 
competency  of  a  Speaker  pro  tempore  to  administer  the  oath  (I,  170), 
and  in  the  absence  of  the  Speaker  a  Member-elect  waited  until  the 
Speaker  should  be  present  (I,  179),  but  in  1920  a  Speaker  pro  tempore 
whose  designation  by  the  Speaker  had  been  approved  by  the  House, 
administered  the  oath  to  a  Member  (VI,  20).  The  House  may  author- 
ize the  Speaker  to  administer  the  oath  to  a  Member  away  from  the 
House  (I,  169),  or  may,  in  such  a  case,  authorize  another  than  the 
Speaker  to  administer  the  oath  (I,  170;  VI,  14).  For  Forms  used  in 
this  procedure  see  (VI,  14) . 

Members  have  been  sworn  at  the  beginning  of  a  second  session  before 
§232.  Administra-  the  ascertainment  of  a  quorum  (I,  176-178),  and 
tion  of  the  oath  where  a  roll  call  or  other  ascertainment  has  shown 
as  related  to  the  the  absence  of  a  quorum  (I,  178,  181,  182;  VI,  21). 
quorum.  jn  Qne  J^Q^Q^Q^  however,  the  Speaker  declined  to 

administer  the  oath  under  such  circumstances  (II,  875) . 

A  proposition  to  administer  the  oath  to  a  Member  is  a  matter  of  high 
privilege  (VI,  14),  and  the  oath  has  been  adminis- 
§  233.  Privilege  of  tered  during  a  cau  of  the  roll  on  a  motion  to  agree  to 
thToTth.  rules  at  the  time  of  organization  (1, 173;  VI,  22),  before 

the  reading  of  the  Journal  (1, 172),  in  the  absence  of  a 
quorum  (VI,  22),  on  Calendar  Wednesday  (VI,  22),  before  a  pending 
motion  to  amend  the  Journal  (I,  171).  A  division  being  demanded 
on  a  resolution  for  seating  several  claimants,  the  oath  may  be  admin- 
istered to  each  as  soon  as  his  case  is  decided  (1,  623) .  When  the  House 
votes  to  admit  a  Member  and  the  motion  to  reconsider  is  disposed  of, 
the  right  to  be  sworn  is  complete  and  not  to  be  deferred  even  by  a 
motion  to  adjourn  (I,  622). 


[79] 


CONSTITUTION  OF  THE  UNITED  STATES 
§§234-236.  [ARTICLE  VIJ 

The  right  of  a  Member-elect  to  take  the  oath  is  sometimes  chal- 
lenged and  the  Speaker  requests  the  Member-elect 
§  234.  challenge  of       to  stand  aside  temporarily   (VI,  9-11,   174;  VIII, 
the  right  to  take          33g6)  _     This  usuan y  occurs  at  the  time  of  orgaiW 
the  oath.  ^.^  ^  ^e  jjouge      'j^e  challenge  proceeds  from 

some  Member,  but  the  fact  that  he  has  not  yet  taken  the  oath  himself 
does  not  debar  him  from  making  the  challenge  (I,  141).  The  Member 
challenging  does  so  on  his  responsibility  as  a  Member  or  on  the  strength 
of  documents  (I,  448)  or  on  both  (I,  443,  474) .  And  where  an  objec- 
tion was  sustained  neither  by  affidavit  nor  on  the  responsibility  of  the 
Member  objecting,  the  House  declined  to  entertain  it  (I,  455). 

It  has  been  held,  although  not  uniformly,  that  in  cases  where  the 
§  935  consider-  right  of  a  Member-elect  to  take  the  oath  is  challenged, 
tion  of  an  objection  the  Speaker  may  direct  the  Member  to  stand  aside 
to  the  taking  of  temporarily  (I,  143-146,  474;  VI,  9, 174;  VIII,  3386). 

the  oath.  The  Member  so  challenged  is  not  thereby  deprived 

of  any  right  (I,  155),  and  when  several  are  challenged  and  stand  aside 
the  question  is  first  taken  on  the  Member-elect  first  required  to  stand 
aside  (I,  147,  148).  In  1861  it  was  held  that  the  House  might  direct 
contested  names  to  be  passed  over  until  the  other  Members-elect  had 
been  sworn  in  (I,  154) .  Motions  and  debate  are  in  order  on  the  ques- 
tions involved  in  a  challenge,  and  in  a  few  cases  other  business  has 
intervened  by  unanimous  consent  (I,  149,  150).  By  unanimous  con- 
sent the  consideration  of  a  challenge  is  sometimes  deferred  until  after 
the  completion  of  the  organization  (I,  474),  and  by  unanimous  consent 
also  the  House  has  sometimes  proceeded  to  legislative  business  pending 
consideration  of  the  right  of  a  Member  to  be  sworn  (I,  151—152). 

Although  the  House  has  emphasized  the  impropriety  of  swearing  in  a 
§  236.  Relation  of  Member  without  credentials  (I,  162-168),  yet  it  has 
credentials  to  the  been  done  in  cases  wherein  the  credentials  are  de- 
right  to  take  the  layed  or  lost  and  there  is  no  doubt  of  the  election 
oa111-  (I,  85,  176-178;  VI,  12,  13),  or  where  the  governor 
of  a  State  has  declined  to  give  credentials  to  a  person,  whose  election 
was  undoubted  and  uncontested  (I,  553) .  A  certificate  of  election  in 
due  form  having  been  filed,  the  Clerk  placed  the  name  of  the  Member- 
elect  on  the  roll,  although  he  was  subsequently  advised  that  a  State 
Supreme  Court  had  issued  a  writ  restraining  the  Secretary  of  State 
from  issuing  such  certificate  (January  3,  1940,  p.  8) .  Where  the  prima 
facie  right  is  contested  the  Speaker  declines  to  administer  the  oath 
(I,  550),  but  the  House  admits  on  his  prima  facie  showing  and  without 
regard  to  final  right  a  Member-elect  from  a  recognized  constituency 
whose  credentials  are  in  due  form  and  whose  qualifications  are  unques- 
tioned (I,  528-534) .  If  the  status  of  the  constituency  is  in  doubt,  the 
House  usually  defers  the  oath  (1, 361,  386, 448, 461) .  The  House  also  may 

[80] 


CONSTITUTION  OF  THE  UNITED  STATES 

[ARTICLES  VI,  VII J  §§237-239. 

defer  the  oath  when  a  question  of  qualifications  arises  (I,  474),  but  it 
may  investigate  qualifications  after  the  oath  is  taken  (I,  156-159,  420> 
462,  481),  and  after  investigation  unseat  the  Member  by  majority 
vote  (I,  428). 

Questions  of  sanity  (I,  441)  and  loyalty  (1, 448)  seem  to  pertain  to  the 
§  237.  Sanity  and  competency  to  take  the  oath  rather  than  to  the  ques- 
loyaity  as  related  tion  of  qualifications,  although  there  has  been  not  a 
to  the  oath.  jftfla  debate  on  this  subject  (I,  479).  In  one  case  a 

Member-elect  who  had  not  taken  the  oath,  was  excluded  from  the 
House  for  disloyalty  (VI,  57). 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Ex  parte  Garland,  4  Wall.,  333;  Davis  v.  Beason, 
§238.  Decisions  of  133  ^  g^  333;  Mormon  Church  v.  United  States, 
tne  court.  136  U.  S.,  1. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States, 
shall  be  sufficient  for  the  Establishment 

§239.  Ratification  .  •»        r* 

of  the  of  this  Constitution  between  the  States 

Constitution.  ,  • /»     •  ,  -i        ri 

so  ratifying  the  bame. 

DONE  in  Convention  by  the  Unanimous  Consent  of 
the  States  present  the  Seventeenth  Day  of  Sep- 
tember in  the  Year  of  our  Lord  one  thousand  seven 
hundred  and  Eighty-seven  and  of  the  Independence 
of  the  United  States  of  America  the  Twelfth.  In 

Witness  whereof  We  have  hereunto  subscribed  our 

Names. 

Go  WASHINGTON— 

Presidt.  and  Deputy  from  Virginia. 

[Signed  also  by  the  deputies  of  twelve  States.] 

New  Hampshire. 
JOHN  LANGDON,  NICHOLAS  OILMAN. 

Massachusetts. 
NATHANIEL  GORHAM,  RUPUS  KING. 

[81] 


CONSTITUTION   OF  THE  UNITED   STATES 


WM.  SAML.  JOHNSON, 
ALEXANDER  HAMILTON. 

WIL:  LIVINGSTON, 
DAVID  BREARLEY, 


B.  FRANKLIN, 
ROBT.  MORRIS, 
THO:  FITZSIMONS, 
JAMES  WILSON, 


GBO:  READ, 
JOHN  DICKINSON, 
JACO:  BROOM, 

JAMES  M'HENRY, 
DANL  CARROLL. 

JOHN  BLAIR, 


WM.  BLOXTNT, 
Htr.  WILLIAMSON. 


J.  KITTLED GE, 
CHARLES  PINCKNEY, 


WILLIAM  FEW, 
Attest: 


Connecticut. 

ROOBR  SHERMAN 
New  York. 

New  Jersey. 

\V  M.   PATE  HKON, 
JON  A.   DAYTON. 

Pennsylvania. 

THOMAS  MIPPLXN, 
OBO:  CLYMER, 
JARBD  INGKRSOLL, 
Gouv:  MORRIS. 

Delaware. 

GUNNING  BEDFORD,  Jun'r, 
RICHARD 


Maryland. 

DAN:  OF  ST.  THOS.  JENIFER, 

Virginia. 

JAMBS  MADISON,  Jr. 
North  Carolina. 

RXCH'D  DOBBS  SPAIQHT, 

South  Carolina. 

CHARLES  COTXSS  WORTH  PINCKNBY, 
PIERCE  BUTLBW. 

Gecrg-ia. 

ABR.  BALDWIN. 

WILLIAM  JA.OKSON,  Secretary. 


[82] 


OONSTITUTIOlSr  OF  THE   UNITED  STATES 

§§  240,  241. 

ARTICLES  IN  ADDITION  TO,  AND  AMENDMENT  OF,  THE 
CONSTITUTION  OP  THE  UNITED  STATES  OF  AMERICA, 
PROPOSED  BY  CONGRESS,  AND  RATIFIED  BY  THE  LEG- 
ISLATURES OF  THE  SEVERAL  STATES  PURSUANT  TO 
THE  FIFTH  ARTICLE  OF  THE  ORIGINAL  CONSTITU- 


TION. a 


AMENDMENT  I. 


Congress  shall  make  no  law  respecting  an  estab- 
§240.  Freedom  of  Kshment  of  religion,  or  prohibiting  the 
^^SS^  free  exercise  thereof;  or  abridging  the 
assembly.  freedom  of  speech,  or  of  the  press;  or 

the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  Government  for  a  redress  of  grievances. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Terret  et  al.  v.  Taylor  et  al.,  9  Cr.,  43;  Vidal  et  al. 
§241.  Decisions  of  v.  Girard  et  al.,  2  How.,  127;  Ex  parte  Garland,  4 
the  court.  Wall.,  333;  United  States  v.  Cruikshank  et  al., 

92  U.  S.,  542;  Reynolds  v.  United  States,  98  U.  S., 
145;  Spies  v.  Illinois,  123  U.  S.,  131;  Davis  v.  Season,  133  U.  S.,  333; 
Eilenbecker  v.  Plymouth  County,  134  U.  S.,  31;  Mormon  Church  v. 
United  States,  136  U.  S.,  1;  In  re  Rapier,  143  U.  S.,  110;  Horner  v. 
United  States,  143  U.  S.,  207;  Bradfield  v.  Roberts,  175  U.  S.,  291; 

*  The  first  ten  amendments  to  the  Constitution  of  the  United  States 
were  proposed  to  the  legislatures  of  the  several  States  by  the  First  Con- 
gress, on  the  25th  of  September,  1789.  They  were  ratified  by  the 
following  States,  and  the  notifications  of  ratification  by  the  goveifciors 
thereof  were  successively  communicated  by  the  President  to  Congress: 
New  Jersey,  November  20,  1789;  Maryland,  December  19,  1789; 
North  Carolina,  December  22,  1789;  South  Carolina,  January  19,  1790; 
New  Hampshire,  January  25,  1790;  Delaware,  January  28,  1790; 
Pennsylvania,  March  10,  1790;  New  York,  March  27,  1790;  Rhode 
Island,  June  15,  1790;  Vermont,  November  3,  1791;  Virginia,  Decem- 
ber 15,  1791;  Massachusetts,  March  2,  1939;  Connecticut,  April  19, 
1939,  and  Georgia,  March  18,  1939. 

[83] 


CONSTITUTION   OF  THE   UNITED   STATES 
§§  242-246. 

Turner  v.  Williams,  194  U.  S.t  279;  Jack  v.  Kansas,  199  U.  S,,  372; 
Quick  Bear  v.  Leupp,  210  U.  S.,  50;  Twining  ».  Now  Jersey,  211  U.S.', 
78;  Lewis  Pub.  Co.  v.  Morgan,  229  U.  S.(  288;  Selective  Draft  Cases', 
245  U.  S.,  366;  (.Espionage  Act)  Sehacfer  v.  U.  S.,  251  U.  S.,  466. 

AMENDMENT  IL 

A  well  regulated  Militia,  being  necessary  to  the 
§  242.  The  right  security  of  a  free  State,  the  right  of  the 
to  bear  arms.  people  to  keep  and  bear  Arms,  shall  not 
be  infringed. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Presser  r.  Illinois,  116  U.  vS.,  252;  Spies  v.  Illinois, 
123  u-  s"  I3t ;  Hiteirtwtor  v.  Plymouth  County,  134 
U.  S.,  31;  Jack  u.  Kaunas,  199  U.  S.,  372;  Twining  v. 
New  Jersey,  211  U.  S.,  78, 

AMENDMENT  III. 

No  Soldier  shall,  in  time  of  peace  be  quartered  in 
any  house,  without  the  consent  of  the 

§244.  Quartering  ^  '  . 

of  soldiers  in          Owner,  nor  in  time  of  war,  but  in  a 
houses.  manner  to  be  prescribed  by  law. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Spies  v.  Illinois,  123  U.  S.,  131;  Kilcnbecker  v.  Ply- 
mouth  County,  134  U.  S.,  31;  Jack  v.  Kansas,  199 
U.  S.,  372;  Twining  v.  Now  Jersey,  211  U.  S.,  78. 

AMENDMENT  IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
§  24.6.  security  houses,  papers,  and  effects,  against  un- 
^chrsTnSdnable  reasonable  searches  and  seizures,  shall 
seizures.  nc£  he  violated,  and  no  Warrants  shall 

issue,  but  upon  probable  cause,  supported  by  Oath 

[84] 


CONSTITUTION  OF  THE  UNITED   STATES 

§§  247,  248. 

or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Smith  v.  State  of  Maryland,  18  How.,  71;  Murray's 
§247.  Decisions  of  Leggee  ^  ^  ^  Hoboken  Land  and  Improvement 
the  court.  Company,  18  How.,  272;  Ex  parte  Milligan,  4  Wall., 

2;  Boyd  v.  United  States,  116  U.  S.,  616;  Spies  v.  Illinois,  123  U.  S.,  131; 
Eilenbecker  v.  Plymouth  County,  134  U.  S.,  31;  Fong  Yue  Ting  v. 
United  States,  149  U.  S.,  698;  Interstate  Commerce  Commission  v. 
Brimson,  154  U.  S.,  447;  In  re  Chapman,  166  U.  S.,  661;  Adams  v.  New 
York,  192  U.  S.,  585;  Morris  v.  Hitchcock,  194  U.  S.,  384;  Public  Clear- 
ing House  v.  Coyne,  194  U.  S.,  497;  Interstate  Commerce  Commission 
v.  Baird,  194  U.  S.,  25;  Jack  v.  Kansas,  199  U.  S.,  372;  Hale  v.  Henkel, 
201  U.  S.,  43;  Consolidated  Rendering  Co.  v.  Vermont,  207  U.  S.,  541; 
American  Tobacco  Co.  v.  Werckmeister,  207  U.  S.,  284;  Twining  v. 
New  Jersey,  211  U.  S.,  78;  Hammond  Packing  Co.  v.  Arkansas,  212 
U.  S.,  322;  Bagley  v.  General  Fire  Extinguishing  Co.,  212  U.  S.,  477; 
Smithsonian  Institution  v.  St.  John,  214  U.  S.,  19;  Rhodus  v.  Manning, 
217  U.  S.,  597;  Weeks  v.  U.  S.,  232  U.  S.,  392;  Wilson  v.  U.  S.,  221  U.  S., 
361;  Wheeler  v.  U.  S.,  226  U.  S.,  479;  American  Lithographic  Co.  v. 
Werckmeister,  221  U.  S.,  603;  Flint  v.  Stone  Tracy  Co.,  220  U.  S.,  107; 
SiLverthorne  Lumber  Co.  v.  U.  S.,  251  U.  S.,  385;  United  States  v.  Lee, 
274  U.  S.,  559;  Olmstead  v.  United  States,  277  U.  S.,  438. 

AMENDMENT  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or 
§248.  security  as  otherwise  infamous  crime,  unless  on  a 
waicsc^nd°ns>  presentment  or  indictment  of  a  Grand 
property.  Jury,  except  in  cases  arising  in  the  land 

or  naval  forces,  or  in  the  Militia,  when  in  actual 
service  in  time  of  War  or  public  danger;1  nor  shall 
any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb;2  nor  shall  be  com- 
pelled in  any  Criminal  Case  to  be  a  witness  against 
himself;3  nor  be  deprived  of  life,  liberty,  or  property, 

02581°— H.  Doc.  459,  SO-2 7 


CONSTITUTION    OF  THK    UNITED   STATES 
5249. 

without  due  process  of  law;4  nor  shall  private  prop- 
erty be  taken  for  public  use,  without  just  compen- 
sation.5 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Kepner  t>.  United  States,  105  U.  S.,  100;  McCr&y 
United  States'    I05   U*   S"   27>  '  Raasmuasen  «, 


United  States,  197  U.  S.,  510;  «  Ju  Toy  v.  United 
States,  198  U.  S.,  253;  3  Jack  t>.  Kansas,  199  U.  S.,  372;  4  South  Carolina 
v.  United  States,  199  U.  S.,  437;  2  Trono  «>.  United  States,  199  U.  S.,  521; 

5  Chicago,  B.  &  Q.  Ry.  Co,  v.  Drainage  Commissioners,  200  U.  S.,  561; 

6  Southern  Pacific  R.  R.  Co.  v.  United  States,  200  U.  S.,  341;  Howards 
Kentucky,  200  U.  S.,  164;  3  Hale  v.  Henkel,  201  U.  S.,  43;  3  McAlistert?. 
Henkel,  201  U.  S.,  90;  *  Nelson  v.  U.  S.,  201  U.  S.,  92;  »  Sawyer  v.  U.  S, 
202  U.  S.,  150;  *  Matter  of  Moran,  203  U.  S.,  96;  »  Union  Bridge  Co.  ». 
U.  S.,  204  U.  S.,  364;  5  Martin  v.  District  of  Columbia,  205  U.  S.,  135; 
Barrington  3  v.  Missouri,  205  U.  S.,  483;  *  »atl  5  United  States  v.Heinszen, 
206  U.  S.,  370;  4  Ellis  t;.  U.  S.,  206  U.  S.,  240;  2  Grafton  v.  U.  S.,  206 
U.  S.,  333;  4  Hunter  ».  Pittsburgh,  207  U.  S.,  161  ;  a  Taylor  v.  U.  S.,  207 
U.  S.,  120;  Shoener  v.  Pennsylvania,  207  U.  S.,  188;  3  W  fl  Consolidated 
Rendering  Co.  v.  Vermont,  207  U.  Sv  541;  3  American  Tobacco  Co.  v. 
Werckmeister,  207  U.  S.,  284;  <  Adair  v,  U.  S.,  208  U.  S.,  161;  2  Bassing 
v.  Cady,  208  U.  S.,  386;  4  Garfield  v.  Goldsby,  211  U.  S.,  249;  3  *nd4  Twin- 
ing v.  New  Jersey,  211  U.  S.,  78;  4  Goon  Shuiitf  v.  United  States,  212 
U.  S.,  566;  4  New  York  Central  R.  R.  v.  United  States,  212  U.  S.,  481; 
*  United  States  v.  Delaware  &  Hudson  Co.,  213  U.  S.,  366;  2  Keerl  v. 
Montana,  213  U.  S.,  135;  4  Oceanic  Navigation  Co.  v.  Stranahan,  214 
U.  S.,  320;  District  of  Columbia  v.  Brooke,  214  U.  S.,  138;  4  Sanchez  v. 
United  States,  216  U.  S.,  167;  *  Monongahcla  Bridge  Co.  v.  United 
States,  216  U.  S.,  177;  2  Brantley  v.  Georgia,  217  U.  S.,  284;  3  Rhodustr. 
Manning,  217  U.  S.,  597;  4  United  States  v.  Welch,  217  U.  S.,  333;  St. 
Louis  S.  W.  Ry.  Co.  v.  Garrison,  237  U.  S.,  136;  Jones  v.  Buffalo  Creek 
Coal  Co.,  245  U.  S.,  328;  *  Stroud  v.  U.  S.,  251  U.  S.,  15;  4  *'ld  5  Hamilton 
v.  Kentucky  Distilleries  Co.,  251  U.  S.,  146;  4  Jacob  Ruppert  v.  Caffey, 
251  U.  S.,  264;  4  Public  Utility  Cornnirs.  v.  Ynchausti  <fe  Co.,  251  U.  S., 
401;  Silverthorne  Lumber  Co.  v.  U.  S.,  251  U.  S.,  385;  4  Lever  Act  Cases, 
255  U.  S.  81;  4  Adkins  v.  Childrens  Hospital,  261  U.  S.,  525;  Yu  Cong 
Eng  v.  Trinidad,  271  U.  S.,  500;  »  Oluistead  v.  United  States,  277  U.  S., 
438;  4  and  5  Clarke  v.  Haberle  Brewing  Co.,  280  U.  8.,  384;  *  Retirement 
Board  v.  Alton  R.  Co.,  295  U.  S.,  330;  3  Adamson  v.  U.  S.,  332  U.  S., 
46;3  Ullmann  v.  U.  S.,  350  U.  S.,  422;  *  Watkins  v.  U.  S.,  354  U.  S.,  178. 

[86] 


CONSTITUTION   OP   THE   UNITED   STATES 

§§  250,  251. 

AMENDMENT  VI. 

In  all  criminal  prosecutions,  the  accused  shall 
§250.  Bight  to  enJ°y  the  right  to  a  speedy  and  public 
trial  by  jury  and  trial,  by  an  impartial  jury  of  the  State 
witaes^s  and  secure  and  district  wherein  the  crime  shall 
testimony.  have  been  committed,  which  district 

shall  have  been  previously  ascertained  by  law,  and 
to  be  informed  of  the  nature  and  cause  of  the  accu- 
sation; to  be  confronted  with  the  witnesses  against 
him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  Assistance  of 
Counsel  for  his  defence. 

Decisions  of  the  Supreme  Court  of  the  United  States : 

.  Withers  v.  Buckley  et  al.,  20  How.,  84;  Ex  parte 

the  cowt      HS  Milligan,  4  Wall.,  2;  Twichell  v.  The  Commonwealth, 

7  Wall.,  321;  Miller  v.  The  United  States,  11  Wall., 
268;  United  States  w.  Cook,  17  Wall.,  168;  United  States  v.  Cruikshank 
et  al.,  92  U.  S.,  542;  Reynolds  v.  United  States,  98  U.  S.,  145;  Spies  v. 
Illinois,  123  U.  S.,  131;  Brooks  v.  Missouri,  124  U.  S.,  394;  Callan  v. 
Wilson,  127  U.  S.,  540;  Eilenbecker  v.  Plymouth  County,  134  U.  S., 
31;  Jones  v.  United  States,  137  U.  S.,  202;  Cook  v.  United  States,  138 
U.  S.,  157;  In  re  Shubuya  Jugiro,  140  U.  S.,  291;  In  re  Ross,  140  U.  S., 
453;  Fong  Yue  Ting  v.  United  States,  149  U.  S.,  698;  Mattox  v.  United 
States,  156  U.  S.,  237;  Rosen  v.  United  States,  161  U.  S.,  29;  United 
States  v.  Zucker,  161  U,  S.,  475;  Wong  Wing  v.  United  States,  163 
U.  S.,  228;  Thompson  t;.  Utah,  170  U.  S.,  343;  Maxwell  v.  Dow,  176 
U.  S.,  581;  Motes  v.  United  States,  178  U.  S.,  458;  Fidelity  and  Deposit 
Co.  v.  United  States,  187  U.  S.,  315;  Hawaii  v.  Mankichi,  190  U.  S., 
197;  Lloyd  v.  Dollison,  194  U.  S.,  445;  West  v.  Louisiana,  194  U.  S., 
258;  Turner  v,  Williams,  194  U.  S.,  279;  Schirk  v.  United  States,  195 
U.  S.,  65;  Dorr  v.  United  States,  195  U.  S.,  138;  Rassmussen  v.  United 
States,  197  U.  S.,  516;  Beavers  v.  Haubert,  198  U.  S.,  77;  Marvin  t>. 
Trout,  199  U.  S.,  212;  Jack  v.  Kansas,  199  U.  S.,  372;  Martin  v.  Texas, 
200  U.  S.,  316;  Howard  v.  Kentucky,  200  U.  S.,  164;  Sawyer  v.  United 
States,  202  U.  S.,  150;  Tinsley  v.  Treat,  205  U.  S.,  20;  Ughbanks  v. 

[87] 


CONSTITUTION   OF  THK   UXITK1)   STATES 
§§  25%  253. 

Armstrong,  208  U.  S.,  481;  Armour  Packing  Co.  v.  United  States,  209 
U.  S.,  56;  Twining  v.  New  Jersey,  21 1  U.  S.,  78;  Goon  Shung  v.  United 
States,  212  U.  S.,  566;  3  Knoxvillo  v.  Knosville  Water  Co.,  212  U.  S.,  1- 
United  States  v.  Stevenson,  215  U.  8.,  190;  Jiaa*  v.  Henkel,  216  U/&, 
462;  U.  S.  v.  Reagan,  232  U.  S.,  37;  Brown  v.  Klliott.  225  U.  S.,  392; 
Hyde  v.  U.  S.,  225  U.  S.,  347;  Seven  Cas<w  v.  U.  S.,  239  U.  S.,  510; 
Johnson  v.  U.  S.,  225  U.  $.,  405;  \Vil«on  t\  U,  B.,  221  U.  S.,  361;  Dowdell 
t7.  U.  S.,  221  U.  S.,  325;  Ruthonhorg  v.  U.  SM  245  U.  8.,  480;  Schaeferu. 
U.  S.,  251  U.  S.,  466;  Lever  Act  Cases,  255  V.  S.,  SI ;  Oaines  v.  Wash- 
ington, 277  U.  S.,  81;  Lewis  v.  United  States,  279  U,  B.,  63;  Patton* 
United  States,  281  U.  S.,  276;  United  States  i».  Wood,  209  U.  S.,  123; 
Green  v.  U.  S.,  356  U.  S.  165. 

AMENDMENT  VII. 

In  suits  at  common  law,  where  the  value  in  con- 
5252.  jury  trial  in     troversy  shall  exceed  twenty  dollars, 

suits  at  common  law.    ^   right   of    ^.^    by    jury   gj^jj   be  p]^ 

served,  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

Decisions  of  the  Supreme  Court  of  the  United  States : 

United  States  v.  La  Vengeance,  3  DalL,  297;  Bank 
SOf  of  c°lumbia  »•  Oakley,  4  Wh.,  235;  Parsons  v.  Bed- 
ford et  al.,  3  Pet.,  433 ;  Lessc  of  Livingston  v.  Moore  et 
al.,  7  Pet.,  469;  Webster  v.  Reid,  11  How.,  437;  State  of  Pennsylvania  v. 
The  Wheeling,  <fec.,  Bridge  Company  et  al.,  13  How.,  518;  The  Justices 
v.  Murray,  9  Wall.,  274;  Edwards  v.  Elliott  et  al.,  21  Wall.,  532;  Pearson 
v.  Yewdall,  95  U.  S.,  294;  McElrath  v.  United  States,  102  U.  S.,  426; 
Spies  v.  Illinois,  123  U.  S.,  131;  Arkansas  Valley  Land  &  Cattle  Co. 
v.  Mann,  130  U.  S.,  69;  Eilenbecker  v.  Plymouth  County  ,  134  U.  S.,  31; 
Whitehead  v.  Shattuck,  138  U.  S.,  146;  Scott  v.  Neely,  140  U.  S.,  106; 
Gates  v.  Allen,  149  U.  S.,  451;  Pong  Yue  Ting  v.  United  States,  149 
U.  S.,  698;  Coughran  v.  Bigelow,  164  U.  S.,  301;  Walker  v.  New  Mexico 
&  Southern  Pacific  Railroad,  165  U.  S.,  593;  Chicago,  Burlington  & 
Quincy  v.  Chicago,  166  U.  S.,  226;  American  Publishing  Co.  v.  Fisher, 
166  U.  S.,  464;  Rassmussen  v.  United  States,  197  U.  S.,  516;  Marvin  v. 


[88] 


COKSTITUTION   OF   THE   UNITED   STATES 

§§  254-257. 

Trout,  199  U.  S.,  212;  Jack  t;.  Kansas,  199  U.  S.,  372;  Fidelity  Mutual 
Life  Ins.  Co.  v.  Clark,  203  U.  S.,  64;  Twining  v.  New  Jersey,  211  U.  S., 
78;  St.  Louis,  etc.,  Land  Co.  v.  Kansas  City,  241  U.  S.,  419;  Mountain 
Timber  Co.  v.  Washington,  243  U.  S.,  219;  Minnesota,  etc.,  R.  Co.  v. 
Bombolis,  241  U.  S.,  211;  Luria  v.  U.  S.,  231  U.  S.,  9;  Pease  v.  Rathbun- 
Jones  Engineering  Co.,  243  U.  S.,  273;  Meeker  t?.  Lehigh  VaUey  R.  Co., 
236  U.  S.,  439;  Pedersen  v.  Delaware,  etc.,  R.  Co.  229  U.  S.,  146;  Young 
v.  Central  R.  Co.,  232  U.  S.,  602;  Wickwire  v.  Reinecke,  275  U.  S.,  101; 
Dimick  v.  Schiedt,  293  U.  S,.  474. 

AMENDMENT  VIII. 

§254.  Excessive  Excessive  bail  shall  not  be  required, 

^ulrU^hTetts  n°r  excessive  fines  imposed,  nor  cruel 
prohibited.  an(j  unusual  pun  j  shm  en  t  g  inflicted. 

Decisions  of  the  Supreme  Court  of  the  United  States : 

Pervear  v.  Commonwealth,  5  Wall.,  475;  Spies  v. 
Illinois,  123  U.  S.,  131;  Manning  v.  French,  133  U.  S., 
186;  Eilenbecker  v.  Plymouth  County,  134  U.  S.,  31; 
McElvaine  v.  Brush,  142  U.  S.,  155;  O'Neil  v.  Vermont,  144  U.  S.,  323; 
McDonald  v.  Massachusetts,  180  U.  S.,  311;  Jack  v.  Kansas,  199  U.  S., 
372;  Ughbanks  v.  Armstrong,  208  U.  S.,  481;  Twining  v.  New  Jersey, 
211  U.  S.,  78;  Weems  v.  United  States,  217  U.  S.,  349;  Collins  v.  Johns- 
ton, 237  U.  S.,  502;  Badders  v.  U.  S.,  240  U.  S.,  391. 

AMENDMENT  IX. 

The  enumeration  in  the  Constitution. 

§  256.  Rights 

reserved  to  the  of  certain  rights,  shall  not  be  construed 
people*  to  deny  or  disparage  others  retained 

by  the  people 

Decisions  of  the  Supreme  Court  of  the  United  States: 

Lessee  of  Livingston  v.  Moore  et  al.,  7  Pet.,  496: 

SPies  v'  Illinois>  123  U-  S->  131;  Jack  »•  Kansas,  199 
U.  S.,  372. 


[89] 


states* 


CONSTITUTION    OF  THE    UNITED 

§§  258-260. 

AMENDMENT  X. 

The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it 
to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
Claflin  v.  Houseman,  assignee,  93  U.  S.,  130;  Inman  Steamship  Com- 
pany v.  Tinker,  94  U.  S.,  238;  United  States  v.  Fox, 
§259.  Decisions  of       94  ^  g^  315;  Tennessee  v.  Davis,  100  U.  S.,  257; 
the  court.  g^ieg  ^  Iilinois?  123  LT>  g>j  131.  pollock  Vm  Farmers' 

Loan  &  Trust  Co.  (Income  Tax  case),  157  U.  S.,  429;  Forsyth  v.  Ham- 
mond, 166  U.  S.,  506;  St.  Anthony  Falls  Water  Power  Co.  v.  St.  Paul 
Water  Commissioners,  168  U.  S.,  349;  Missouri-  Kansas  <fe  Texas  Rail- 
way Co.  v.  Haber,  169  U.  S.,  613;  Hancock  Mutual  Life  Ins.  Co.  v. 
Warren,  181  U.  S.,  73;  Kansas  v.  Colorado,  185  U.  S.,  125;  Andrews  t». 
Andrews,  188  U.  S.,  14;  Northern  Securities  Co.  v.  United  States,  193 
U.  S.,  197;  Turner  v.  Williams,  194  U.  S.,  279;  McCray  v.  United 
States,  195  U.  S.,  27;  Central  of  Georgia-  Ry.  Co.  v.  Murphey,  196  U.  S., 
194;  Matter  of  Heff  (Indian),  197  U.  S.,  488;  South  Carolina  v.  United 
States,  199  U.  S.,  437;  Jack  v.  Kansas,  199  U.  S.  372;  Hodges  v.  United 
States,  203  U.  S.,  1;  Kansas  v.  Colorado,  206  U.  S.  46;  Prentis  v.  Atlantic 
Coast  Line,  211  U.  S.,  210  Keller  v.  United  States,  213  U.  S,,  138; 
Adams  Express  Co.  v.  Kentucky,  214  U.  S.,  218;  Western  Union  Tele^ 
graph  Co.  v.  Chiles,  214  U.  S.,  274;  Holmgren  v.  United  States,  217 
U.  S.,  509;  Hebert  ».  U.  S.,  272  U.  S.,  312;  U.  S.  v.  Butler  (A.  A.  A), 
297  U.  S.,  1, 

AMENDMENT  XL* 

The  Judicial  power  of  the  United  States  shall  not 
§260.  Extent  of  the  be  construed  to  extend  to  any  suit  in 
judicial  power.  jaw  or  equity,  commenced  or  prosecuted 

a  The  eleventh  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Third 
Congress  on  the  5th  of  September,  1794;  and  was  declared  in  a  message 
from  the  President  to  Congress  dated  the  8th  of  January,  1798,  to  have 
been  ratified  by  the  legislatures  of  three-fourths  of  the  States. 

[90] 


CONSTITUTION   OF   THE   UNITED   STATES 

§261. 

against  one  of  the  United  States  by  Citizens  of  an- 
other State,  or  by  Citizens  or  Subjects  of  any  Foreign 

State. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

State  of  Georgia  v.  Brailsford  et  al.,  2  DalL,  402; 


tito  wuA!"310118  °f  Chisholm,  ex.,  v.  State  of  Georgia,  2  DalL,  419;  Hol- 
lings-worth  et  al.  v.  Virginia,  3  DalL,  378;  Cohen  v. 
Virginia,  6  Wh.,  264;  Osborn  v.  United  States  Bank,  9  Wh.,  738;  United 
States  v.  The  Planters'  Bank,  9  Wh.,  904;  the  Governor  of  Georgia  v. 
Juan  Madrazo,  1  Pet.,  110;  Cherokee  Nation  v.  State  of  Georgia,  5 
Pet.,  1;  Briscoe  v.  The  Bank  of  the  Commonwealth  of  Kentucky,  11 
Pet.,  257;  Curran  v.  State  of  Arkansas  et  al.,  15  How.,  304;  Louisiana 
v.  Jumel,  107  U.  S.,  711;  New  Hampshire  v.  Louisiana,  108  U.  S.  76; 
Clark  v.  Barnard,  108  U.  S.  436;  Cunningham  v.  Macon  &  Brunswick 
Railroad,  109  U.  S.,  446;  Poindexter  v.  Greenlow,  114  U.  S.,  270;  Allen 
auditor,  et  al.  v.  Baltimore  &  Ohio  R.  R.  Co.,  114  U.  S.,  311;  Hagood 
v.  Southern,  117  U.  S.,  52;  Ralston  v.  Missouri  Fund  Commissioners, 
120  U.  S.,  390;  In  re  Ayers,  123  U.  S.,  443;  Lincoln  County  v.  Luning, 

133  U.  S.,  529;  Christian  v.  Atlantic  &  North  Carolina  R.  R.  Co.,  133 
U.  S.,  233  Hans  v.  Louisiana,  134  U.  S.,  1;  North  Carolina  v.  Temple, 

134  U.  S.,  22;  New  York  Guaranty  Co.  v.  Steele,  134  U.  S.,  230;  Virginia 
Coupon  Cases,  135  U.  S.,  662;  Pennoyer  v.  McConnaughy,  140  U.  S., 
1;  United  States  v.  Texas,  143  U.  S.,  621;  In  re  Tyler,  149  U.  S.,  164; 
Reagan  v.  Farmers7  Loan  &  Trust  Co.,  154  U.  S.,  362;  Scott  v.  Donald, 
165  U.  S.  58;  Scott  v.  Donald,  165  U.  S.,  107;  Tindal  v.  Wesley,  167 
U.  S.,  204;  Smyth  v.  Ames,  169  U.  S.,  466;  Fitts  v.  McGhee,  172  U.  S., 
516;  Louisiana  v.  Texas,  176  U.  S.,  1;  Smith  v.  Reeves,  178  U.  S.,  436; 
Scranton  v.  Wheeler,  179  U.  S.,  141;  Illinois  Central  Railroad  Co.  v. 
Adams,  180  U.  S.,  28;  Prout  v.  Starr,  188  U.  S.,  537;  South  Dakota  v. 
North  Carolina,  192  U.  S.,  286;  Chandler  v.  Dix,  194  U.  S.,  590;  Jacob- 
son  v.  Massachusetts,  197  U.  S.  11;  Graham  v.  Folsom,  200  U.  S.,  248; 
Gunther  v.  Atlantic  Coast  Line,  200  U.  S.,  273;  McNeill  v.  Southern 
Railway  Co.,  202  U.  S.,  543;  Mississippi  R.  R.  Commission  v.  Illinois 
Central  R.  R.,  203  U.  S.,  335;  Scully  v.  Bird,  209  U.  S.,  481;  Ex  parte 
Young,  209  U.  S.,  123;  Marray  v.  Wilson  Distilling  Co.,  213  U.  S.,  151; 
Ludwig  v.  Western  Union  Telegraph  Co.,  216  U.  S,,  146;  Western 
Union  Telegraph  Co.  v.  Andrews,  216  U,  S.,  165;  Hopkins  v,  Clemson 
Agricultural  College,  221  U.  S.,  636;  Lankford  v.  Platte  Iron  Works 
Co.,  235  U.  S.,  461;  Farish  v.  Oklahoma  State  Banking  Board,  235 


CONSTITUTION    OF  THE   UNITED    STATES 

U.  S.,  498;  Tanner  v.  Little,  240  U.  S,,  369;  Harrison  v.  St.  Louis,  etc., 
R.  Co.,  232  U.  S.,  318;  Greene  v.  Louisville,  etc.,  II.  Co.,  244  U.  S.,  499,' 
522. 

AMENDMENT  XII." 

The  Electors  shall  meet  in  their  respective  states, 
§262.  Mating  of  and  vote  ^7  ballot  for  President  and 
the  electors  and  Vice-President,  one  of  whom,  at  least, 

transmission  and  .  ' 

count  of  their  shall  not  be  an  inhabitant  of  the  same 
votes*  state  with  themselves;  they  shall  name 

in  their  ballots  the  person  voted  for  as  President,  and 
in  distinct  ballots  the  person  voted  for  as  Vice-Presi- 
dent, and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as 
Vice-President,  and  the  number  of  votes  for  each, 
which  lists  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Sen- 
ate;— The  President  of  the  Senate  shall,  in  presence 
of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates  and  the  votes  shall  then  be 
counted; —  *  *  * 

The  electoral  count  occurs  in  the  Hall  of  the  House  (III,  1018)  at 
1  p.  m.  on  the  sixth  day  of  January  succeeding  every  meeting  of  elec- 
tors (3  U,  S.  C.  15),  but  for  the  1957  count  the  date  was  changed  to 
Monday,  January  7  (P.  L.  436,  84th  Cong.)-  While  a  law  prescribes 
in  detail  the  procedure  at  the  count,  the  two  Houses  by  concurrent 

0  The  twelfth  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Eighth 
Congress  on  the  12th  of  December,  1803,  in  lieu  of  the  original  third 
paragraph  of  the  first  section  of  the  second  article,  and  was  declared  in 
a  proclamation  of  the  Secretary  of  State,  dated  the  25th  of  September, 
1804,  to  have  been  ratified  by  the  legislatures  of  three-fourths  of  the 
States. 

[92] 


CONSTITUTION*   OF  THfe  UNITED  STATES 

§263. 

resolution  provide  for  the  meeting  to  count  the  vote,  for  the  appoint- 
ment of  tellers,  and  for  the  declaration  of  the  state  of  the  vote  (III, 
1961).  The  Vice  President-elect,  as  Speaker  of  the  House,  participated 
in  the  ceremonies  (VI,  446) . 

*  *  *  The  person  having  the  greatest  number 
§  263.  Elections  of  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a  major- 
ii}y  of  the  whole  number  of  Electors  ap- 
pointed;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having 
one  vote;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to 
a  choice.  And  if  the  House  of  Representatives  shall 
not  choose  a  President  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice-President  shall 
act  as  President,  as  in  the  case  of  the  death  or  other 
constitutional  disability  of  the  President.  The  per- 
son having  the  greatest  number  of  votes  as  Vice- 
President,  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  ap- 
pointed, and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President;  a  quorum  for  the  purpose 


CONSTITUTION  OF  THE  UNITKD  STATES 
§264. 

shall  consist  of  two-thirds  of  the  whole  number  of 
Senators,  and  a  majority  of  the  whole  number  shall 
be  necessary  to  a  choice.  But  no  person  constitu- 
tionally ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States, 

The  twentieth  amendment  to  the  Constitution  has  clarified  some  of 
the  provisions  of  the  twelfth  amendment. 

The  House  of  Representatives,  in  1803  (III,  1083),  chose  a  President 
under  the  following  constitutional  provision,  which  was  superseded  in 
1803  by  the  twelfth  amendment: 

"The  electors  shall  meet,  in  their  respective  States,  and  vote  by  ballot 
264  First  rovi-  ^or  ^wo  ^ersous»  °f  whom  one  at  least  shall  not  be  an 
sion  for  election  in  Inhabitant  of  the  same  Stal  i*  with  themselves.  And 
case  of  failure  of  they  shall  make  a  last  of  all  the  Persons  voted  for, 
electoral  college  anci  Of  tilc  Number  of  Votes  for  each ;  which  List  they 
to  choose.  zb&ll  sign  and  certify,  and  transmit  sealed  to  the  Seat 

of  the  Government  of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  Presence  of  the  Sen- 
ate and  House  of  Representatives,  open  all  the  Certificates,  and  the 
Votes  shall  then  be  counted.  The  Person  having  the  greatest  Number 
of  Votes  shall  be  the  President,  if  such  Number  be  a  Majority  of  the 
whole  Number  of  Electors  appointed;  and  if  there  be  more  than  one 
who  have  such  Majority,  and  have  an  equal  Number  of  Votes,  then 
the  House  of  Representatives  shall  immediately  elm  so  by  Ballot  one 
of  them  for  President;  and  if  no  Person  have  a  majority,  then  from  the 
five  highest  on  the  List  the  said  House  shall  in  like  Manner  chtise  the 
President.  But  in  ehusing  the  President,  the  Votes  shall  be  taken  by 
States,  the  Representation  from  each  State  having  one  Vote;  A  quorum 
for  this  Purpose  shall  consist  of  a  Member  or  Members  from  two-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  Case,  after  the  Choice  of  the  President,  the  Person 
having  the  greatest  Number  of  Votes  of  the  Electors  shall  be  the  Vice 
President.  But  if  there  should  remain  two  or  more  who  have  equal 
Votes,  the  Senate  shall  ehuse  from  them  by  ballot  the  Vice-President." 


[94] 


CONSTITUTION   OF   THE   UNITED  STATES 

§§  265^267. 

In  1825  the  House  elected  a  President  under  the  twelfth  amendment 
(III,  1985) ;  and  in  1837  the  Senate  elected  a  Vice-President  (III,  1941). 
§  266.  Decisions  of  Decisions  of  the  Supreme  Court  of  the  United  States : 
the  court.  in  re  Green,  134  U.  S.,  377;  Ray  ».  Blair?  343  U.  S.,  214. 

AMENDMENT  XIIL* 

SECTION  1.  Neither  slavery  nor  involuntary  servi- 
§  266.  prohibition  tude,  except  as  a  punishment  for  crime 
?nvoiTtLTd  whereof  the  party  shaU  have  been 
servitude.  d^y  convicted,  shall  exist  within  the 

United  States,  or  anyplace  subject  to  their  jurisdiction. 

SECTION  2.  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 

Decisions  of  the  Supreme  Court  of  the  United  States: 

TV*.-  •  Dred  Scott  v-  Sanford,  19  How.,  393;  White  «„ 

of tL  ewrtT118  Hart>  13  WalL»  646J  Osborn  v.  Nicholson,  18  Wall., 
654,  Slaughter-house  Cases,  16  Wall.,  36;  Ex  parte 
Virginia,  100  U.  S.,  339;  Civil  Eights  Case,  109  U.  S.,  3;  Plessy  v.  Fer- 
guson, 163  U.  S,,  537;  Robertson  v.  Baldwin,  165  U.  S.,  275;  Clyatt  v. 
United  States,  197  U.  S.,  207;  Hodges  v.  U.  S.,  203  U.  S.,  1;  Bailey  v. 
Alabama,  211  U.  S.,  452;  U.  S.  v.  Reynolds,  235  U.  S.,  133;  Butler  v. 
Perry,  240  U.  S.,  328;  Selective  Draft  Law  Cases,  245  U.  S.,  366. 

0  The  thirteenth  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Thirty- 
eighth  Congress,  on  the  1st  of  February,  1865,  and  was  declared,  in  a 
proclamation  of  the  Secretary  of  State,  dated  the  18th  of  December 
1865,  to  have  been  ratified  by  the  legislatures  of  twenty-seven  of  the 
thirty-six  States,  viz:  Illinois,  Rhode  Island,  Michigan,  Maryland, 
New  York,  West  Virginia,  Maine,  Kansas,  Massachusetts,  Pennsyl- 
vania, Virginia,  Ohio,  Missouri,  Nevada,  Indiana,  Louisiana,  Minne- 
sota, Wisconsin,  Vermont,  Tennessee,  Arkansas,  Connecticut,  New 
Hampshire,  South  Carolina,  Alabama,  North  Carolina,  and  Georgia. 


CONSTITUTION  OF  THE  UNITED  STATES 

AMENDMENT  XIV.* 

SECTION  1.  All  persons  born  or  naturalized  in  the 
§268.  citizenship;  United  States,  and  subject  to  the  juris- 
^"rotection  diction  thereof,  are  citizens  of  the 
of  citizens.  United  States  and  of  the  State  wherein 

they  reside.1  No  State  shall  make  or  enforce  any 
law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States;  2  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property, 

fl  The  fourteenth  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Thirty-ninth 
Congress,  on  the  16th  of  June,  1 866.  On  the  21st  of  July,  1 868,  Congress 
adopted  and  transmitted  to  the  Department  of  State  a  concurrent  reso- 
lution declaring  that  <;the  legislatures  of  the  States  of  Connecticut, 
Tennessee,  New  Jersey,  Oregon,  Vermont,  New  York,  Ohio,  Illinois, 
West  Virginia,  Kansas,  Maine,  Nevada,  Missouri,  Indiana,  Minnesota, 
New  Hampshire,  Massachusetts,  Nebraska,  Iowa,  Arkansas,  Florida, 
North  Carolina,  Alabama,  South  Carolina,  and  Louisiana,  being  three- 
fourths  and  more  of  the  several  States  of  the  Union,  have  ratified  the 
fourteenth  a,rticle  of  amendment  to  the  Constitution  of  the  United 
States,  duly  proposed  by  two-thirds  of  each  House  of  the  Thirty-ninth 
Congress:  Therefore  Resolved,  That  said  fourteenth  article  is  hereby 
declared  to  be  a  part  of  the  Constitution  of  the  United  States,  and  it 
shall  be  duly  promulgated  as  such  by  the  Secretary  of  State. "  The  Sec- 
retary of  State  accordingly  issued  a  proclamation,  dated  the  28th  of 
July,  1868,  declaring  that  the  proposed  fourteenth  amendment  had  been 
ratified,  in  the  manner  hereafter  mentioned,  by  the  legislatures  of  thirty- 
six  States,  viz:  Connecticut,  June  30,  1866;  New  Hampshire,  July  7, 
1866;  Tennessee,  July  19,  1866;  New  Jersey,  September  11,  1866  (and 
the  legislature  of  the  same  State  passed  a  resolution  in  April,  1868,  to 
withdraw  its  consent  to  it);  Oregon,  September  19,  1866;  Vermont, 
November  9,  1866;  Georgia  rejected  it  November  13,  1866,  and  ratified 
it  July  21,  1868;  North  Carolina  rejected  it  December  4,  1866,  and  rati- 
fied it  July  4,  1868;  South  Carolina  rejected  it  December  20,  1866,  and 
ratified  it  July  9,  1868;  New  York  ratified  it  January  10,  1867;  Ohio 
ratified  it  January  11, 1867  (and  the  legislature  of  the  same  State  passed 

[96] 


CONSTITUTION"  OP  THE   UNITED  STATES 

§269. 

without  due  process  of  law;  3  nor  deny  to  any  per- 
son within  its  jurisdiction  the  equal  protection  of 
the  laws.4 

Decisions  of  the  Supreme  Court  of  the  United  States: 

i  U.  S.  v.  Nice,  241  U.  S.,  591;  3  Detroit,  ete.,  R. 
Co-  v'  Michigan  R.  Commission,  240  U.  S.,  564; 
3~4  New  York  Cent.  R.  Co.  v.  White,  243  U.  S.,  188; 
3  Saunders  v.  Shaw,  244  U.  S.,  317; 3  De  La  Rama  v.  De  La  Rama,  241 
U.  S.,  154; 3  Holmes  v.  Conway,  241  U.  S.  624;  3  Chaloner  v.  Sherman, 
242  U.  S.,  455; 3  Chicago  L.  Ins.  Co.  v.  Cherry,  244  U.  S.,  25;  3  Penn.  F. 
Ins.  Co.  v.  Gold  Issue  Min.,  etc.,  Co.,  243  U.  S.,  92; 3  Kryger  v.  Wilson, 

242  U.  S.,  171; 3  Enterprise  Irrigation  Dist.  v.  Farmer's  Mut.  Canal  Co., 

243  U.  S.,  157; 3  O'Neil  v.  Northern  Colorado  Irrigation  Co.,  242  U.  S., 
20;  3~4  McFarland  v.  American  Sugar  Refining  Co.,  241  U.  S.,  79; 
3  Bunting  v.  Oregon,  243  U.  S.,  426;  3  Bowerspck  v.  Smith,  243,  U.  S., 
29; 3  Adams  v.  Tanner,  244  U.  S.,  590; 3  Sutton  v.  New  Jersey,  244  U.  S., 
258;  3~4  Chicago,  etc.,  R.  Co.  v.  Anderson,  242  U.  S.,  283; 3  St.  Louis, 
etc.,  R.  Co.  v.  Arkansas,  240  U.  S.,  518;  *  Miss.  R.  Com.  v.  Mobile, 
etc.,  R.  Co.,   244  U.   S.,   388;  3  Chesapeake,  etc.,  R.   Co.  v.  Public 
Service  Com.,  242  U.  S.,  603;  3~4  Lake  Shore,  etc.,  R.  Co.  v.  Clough, 
242  U.  S.,  375; 3  Van  Dyke  v.  Geary,  244  U.  S.,  39;  3  Pac.  Live  Stock 
Co.  v.  Lewis,  241  U.  S.,  440; 3  Farmers  Irrigation  District  v.  Nebraska, 

244  U.  S.,  325;  3~4  Hutchinson  Ice  Cream  Co.  v.  Iowa,  242  U.  S.,  153; 
3  Rast  v.  Van  Deman,  etc.,  Co.,  240  U.  S.,  342;  3  Armour  v.  North 

a  resolution  in  January,  1868,  to  withdraw  its  consent  to  it) ;  Illinois 
ratified  it  January  15,  1867;  West  Virginia,  January  16,  1867;  Kansas, 
January  18,  1867;  Maine,  January  19,  1867;  Nevada,  January  22, 
1867;  Missouri,  January  26,  1867;  Indiana,  January  29,  1867;  Min- 
nesota, February  1,  1867;  Rhode  Island,  February  7,  1867;  Wisconsin, 
February  13,  1867;  Pennsylvania,  February  13,  1867;  Michigan,  Feb- 
ruary 15,  1867;  Massachusetts,  March  20,  1867;  Nebraska,  June  15, 
1867;  Iowa,  April  3,  1868;  Arkansas,  April  6,  1868;  Florida,  June  9, 
1868;  Louisiana,  July  9,  1868;  and  Alabama,  July  13,  1868;  Georgia 
again  ratified  the  amendment  February  2,  1870.  Texas  rejected  it 
November  1,  1866,  and  ratified  February  18, 1870.  Maryland  rejected 
it  March  23,  1867,  and  ratified  April  28,  1950.  Virginia  rejected 
it  January  19,  1867,  and  ratified  October  8,  1869.  The  amendment 
was  rejected  by  Kentucky  January  10,  1867;  by  Delaware  February 
8,  1867,  and  was  not  afterwards  ratified  by  either  State. 

[97] 


CONSTITUTION   OF  THE  UNITED  STATES 
§269. 

Dakota,  240  U.  S.,  510; 3  Brazee  v.  Michigan,  241  U.  S.f  340; 8 
v.  Atlanta,  242  U.  S.,  53; 3  Buchanan  w.  Worlcy,  245  U.  S.,  60;  *-<  Mei- 
rick  v.  Halsey,  242  U.  S,,  568;  *  Butler  v.  Perry,  240  U.  S.,  328; » Pen^ 
nington  v.  Ohio  Fourth  Nat.  Bank,  243  U.  S.,  209;  3  Thomas  Cusako 
Co.  v.  Chicago,  242  U.  S.,  526;  3  Rogers  v.  Hennepin  County,  240 
U.  S.,  184;  3  Kansas  City,  etc.,  R.  Co.  v.  Stiles,  242  U.  S,,  111;  sgt> 
Louis  Southwestern  R.  Co.  v.  Arkansas,  240  U.  S.,  518;  3  Bullen  D, 
Wisconsin,  240  U.  S.,  625;  8  Gast  Realty,  etc.,  Co.  v.  Schneider  Granite 
Co.,  240  U.  S.,  55;  3  St.  Louis  Land  Co.  v.  Kansas  City,  241  U.  S., 
419;  4  Farmers  Irrigation  Dist.  v.  O'Shea,  244  U.  S.,  325;  <  Crane  «. 
Johnson,  242  U.  S.,  339; 4  Kane  v.  New  Jersey,  242  U.  S.,  160; 3  Looney 
v.  Crane  Co.,  245  U.  S.,  178;  Selective  Draft  Law  Cases,  245  U.  S., 
366;  8  Wear  v.  Kansas,  245  U.  S.,  154;  3  Penn.  R.  R.  v.  Towers,  245 
U.  S.,  345;  3  Crane  v.  Campbell,  245  U.  S.,  304;  *  Seaboard  Air  Line  v, 
North  Carolina,  245  U.  S.,  298;  *  Johnson  t>.  Lankford,  245  U.  S.,  541;. 
*  Martin  v.  Same,  245  U.  S.,  547;  4  Fidelity  and  Columbia  Trust  Co 
v.  Louisville,  245  U.  S.,  54;  8  Eiger  v.  Garrity,  246  U.  S.,  97;  2  Armour 
&  Co.  v.  Virginia,  246  U.  S.,  1; l  Chicago,  R.  I.  &  Pac.  Ry.  v.  Cole,  251 
U.  S.,  54;  *-*  Ft.  Smith  Lumber  Co.  v.  Arkansas,  251  U.  S.,  532;  *-»  Dim- 
bar  o.  City  of  New  York,  251  U.  S.,  516;  *  Bragg  v.  Weaver,  251  U.  S., 
57;  2~3  Oklahoma  Ry.  v.  Severns  Pav.  Co.,  251  U.  S.,  104;  2~3  St.  L., 
I.  Mt.  &  So.  Ry.  v.  Williams,  251  U.  S.,  63;  3  Hays  v.  Port  of  Seattle, 
251  U.  S.,  233;  3~4  Branson  v.  Bush,  251  U.  S.,  182;  3  Brooks-Scanlon 
Co.  v.  Railroad  Comm.,  251  U.  S.,  396; 3  Pioducers  Transp.  Co.  v.  Rail- 
road Comm.,  251  U.  S.,  338;  3~*  Pacific  Gas  Co.  v.  Police  Court,  251 
U.  S.,  22; 3  Sullivan  v.  Shreveport,  251  U.  S.,  169;  3  Los  Angeles  v.  Los 
Angeles  Gas  Corp.,  251  U.  S.,  32; 3  Hardin-Wyandot  Co.  v.  Upper  San- 
dusky,  251  U.  S.,  173; 3  Frick  v.  Pennsylvania,  268  U.  S.,  475; 3  Lee  «. 
Osceola  Imp.  Dist.,  268  U.  S.,  643;  3  Gitlow  v.  New  York,  268  U.  S., 
652;  3Hebert  v.  United  States,  272  U.  S.,  312;  3  Tyson  &  Brother  v, 
Banton,  273  U.  S.,  418;  8  Tumey  v.  Ohio,  273  U.  S.,  510;  Nixon  v. 
Herndon,  273  U.  S.,  536; 3  Wuchter  v.  Pizzutti,  276  U.  S.,  13;  3~4  Ware- 
house Co.  v.  Tobacco  Growers,  276  U.  S.,  71; 3  Manley  v.  Georgia,  279 
U.  S.,  1; 3  Dohany  v.  Rogers,  281  U.  S.,  362;  3  Brinkerhoff-Faris  Co.  v. 
Hill,  281  U.  S.,  673;  2  Nixon  v.  Condon,  286  U.  S.,  73;  8  Home  Bldg, 
&  Loan  Assn.  v.  Blaisdell,  290  U.  S.,  398;  Grovey  v.  Townsend,  295 
U.  S.,  45;  Colgate  v.  Harvey,  296  U.  S.,  404;  *  Grosjean  v.  American 
Press  Co.,  297  U.  S.,  233;  2  Edwards  w.  California,   314  U.  S.,   160; 
8  Adamson  v.  U.  S.,  332  U.  S.,  46;  3  Sweezy  v.  N.   H.,  354  U.  S.,  234; 
4  Brown  v.  Board  of  Education,  347  U.  S.,  483  and  349  U.  S.,  294; 
Cooper  v.  Aaron,  358  U.  S.,  1. 

[98] 


CONSTITUTION  OF  THE  UNITED    STATES 

§§  270,  271. 

SECTION  2.  Representatives  shall  be  apportioned 
§270  Appor-  among  the  several  States  according  to 

tionmentof  their  respective  numbers,  counting  the 

representation.  whoie  number  of  persons  in  each  State, 
excluding  Indians  not  taxed.  But  when  the  right  to 
vote  at  any  election  for  the  choice  of  electors  for  Presi- 
dent and  Vice  President  of  the  United  States,  Repre- 
sentatives in  Congress,  the  Executive  and  Judicial 
officers  of  a  State,  or  the  members  of  the  Legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of 
such  State,  being  twenty-one  years  of  age,  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion,  or  other  crimes,  the 
basis  of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

There  has  been  a  readjustment  of  House  representation  each  ten 
§271.  Law  years  except  during  the  period  1911  to  1929  (VI,  41; 

governing  the  footnote).    From  March  4,  1913,  permanent  House 

establishment  of  membership  has  remained  fixed  at  435  (VI,  40,  41; 
districts.  37  Stat.  13).  Upon  admission  of  Alaska  and  Hawaii 

to  statehood,  total  membership  was  temporarily  increased  to  437  until 
the  next  reapportionment  (72  Stat.  339,  345;  73  Stat.  8).  Congress 
has  by  law  provided  for  automatic  apportionment  of  the  435  Repre- 
sentatives among  the  States  according  to  each  census  including  and 
after  that  of  1950  (55  Stat.  761).  The  Apportionment  Act  formerly 
provided  that  the  districts  in  a  State  should  equal  the  number  of  its 
Representatives  with  no  district  electing  more  than  one  Representa- 
tive, and  that  the  districts  were  to  be  composed  of  contiguous  and 
compact  territory  containing  as  nearly  as  practicable  an  equal  number 
of  inhabitants  (I,  303;  VI,  44);  but  subsequent  apportionment  Acts, 
those  of  1929  (46  Stat.  26)  and  of  1941  (55  Stat.  761),  omitted  such 
provisions*  After  any  apportionment,  until  a  State  is  redistricted  in 
a  manner  provided  by  its  own  law,  the  question  of  whether  its  Repre- 
sentatives shall  be  elected  by  districts,  at  large,  or  by  a  combination 
of  both,  is  determined  by  the  Apportionment  Act  of  1941  (2  U.  S.  C. 
2a).  The  House  has  always  seated  Members  elected  at  large  in  the 
States,  although  the  law  required  election  by  districts  (I,  310,  519). 

[99] 


CONSTITUTION   OF  THE   UNITED   STATES 

§274. 

curred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipa- 
tion of  any  slave;  but  all  such  debts;  obligations  and 
claims  shall  be  held  illegal  and  void. 

Perry  v.  U.  S.,  294  U.  S.,  330. 

SECTION  5.  The  Congress  shall  have  power  to  en- 
force, by  appropriate  legislation,  the  provisions  of 
this  article. 

AMENDMENT  XV.a 

SECTION  1,  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or 

§  274.  Suffrage  not 

to  be  abridged  for      abridged  by  the  United  States  or  by 

race,  color,  etc.  r\  i      i  i        t»  i 

any  btate  on  account  of  race,  color,  or 
previous  condition  of  servitude. 

a  The  fifteenth  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Fortieth 
Congress  on  the  27th  of  February,  1869,  and  was  declared,  in  a  procla- 
mation of  the  Secretary  of  State,  dated  March  30,  1870,  to  have  been 
ratified  by  the  legislatures  of  twenty-nine  of  the  thirty-seven  States. 
The  dates  of  these  ratifications  (arranged  in  the  order  of  their  reception 
at  the  Department  of  State)  were:  From  North  Carolina,  March  5, 
1869;  West  Virginia,  March  3,  1869;  Massachusetts,  March  9-12,  1869; 
Wisconsin,  March  9,  1869;  Maine,  March  12, 1869;  Louisiana,  March  5, 
1869;  Michigan,  March  8,  1869;  South  Carolina,  March  16,  1869; 
Pennsylvania,  March  26, 1869;  Arkansas,  March  30,  1869;  Connecticut, 
May  19,  1869;  Florida,  June  15,  1869;  Illinois,  March  5,  1869;  Indiana, 
May  13-14,  1869;  New  York,  March  17- April  14,  1869  (and  the  legis- 
lature of  the  same  State  passed  a  resolution  January  5,  1870,  to  with- 
draw its  consent  to  it) ;  New  Hampshire,  July  7,  1869;  Nevada,  March 
1,  1869;  Vermont,  October  21,  1869;  Virginia,  October  8, 1869;  Missouri, 
January  10,  1870;  Mississippi,  January  15-17,  1870;  Ohio,  January  27, 
1870;  Iowa,  February  3,  1870;  Kansas,  January  18-19, 1870;  Minnesota, 
February  19,  1870;  Rhode  Island,  January  18,  1870;  Nebraska,  Feb- 
ruary 17,  1870;  Texas,  February  18,  1870.  The  State  of  Georgia  also 
ratified  the  amendment  February  2,  1870. 

62581°— H.  Doc.  459,  S6-2 8         [101] 


CONSTITUTION   OF  THE  tWlTED   STATES 

§276. 

259  U.  S.,  247;  Evans  v.  Gore,  253  U.  S.,  245;  Taft  v.  Bowers,  278 
U.  S.,  470. 

AMENDMENT  XVIL" 

(See  Article  I,  Section  3.) 

The  Senate  of  the  United  States  shall  be  composed 
.  .  m  .  of  two  Senators  from  each  State,  elected 

§  276.  Election  ; 

of  senators  by  by  the  people  thereof,  for  six  years;  and 
each  Senator  shall  have  one  vote.  The 
electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of 
the  State  legislatures, 

When  vacancies  happen  in  the  representation  of 
any  State  in  the  Senate,  the  executive  authority 
of  such  State  shall  issue  writs  of  election  to  fill  such 
vacancies:  Provided,  That  the  legislature  of  any 
State  may  empower  the  executive  thereof  to  make 
temporary  appointments  until  the  people  fill  the 
vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to 
affect  the  election  or  term  of  any  Senator  chosen 
before  it  becomes  valid  as  part  of  the  Constitution. 

6  The  seventeenth,  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  legislatures  of  the  several  States  by  the 
Sixty-second  Congress  in  1912,  and  was  declared,  in  a  proclamation 
by  the  Secretary  of  State  dated  May  31,  1913,  to  have  been  ratified 
by  the  legislatures  of  the  following  States:  Massachusetts,  Arizona, 
Minnesota,  New  York,  Kansas,  Oregon,  North  Carolina,  California, 
Michigan,  Idaho,  West  Virginia,  Nebraska,  Iowa,  Montana,  Texas, 
Washington,  Wyoming,  Colorado,  Illinois,  North  Dakota,  Nevada, 
Vermont,  Maine,  New  Hampshire,  Oklahoma,  Ohio,  South  Dakota, 
Indiana,  Missouri,  New  Mexico,  New  Jersey,  Tennessee,  Arkansas, 
Connecticut,  Pennsylvania,  and  Wisconsin. 

[103] 


CONSTITUTION   OF  THE   UNITED   STATES 
§277. 

Senator  Rebecca  L.  Felton  was  appointed  during  the  recess  of  the 
Senate  on  October  3,  1922,  to  fill  a  vacancy,  the  first  woman  to  sit  in 
the  Senate  (VI,  156).  Senator  Walter  F.  George  was  elected  to  fill 
the  vacancy  on  November  7,  1922.  Mrs.  Felton  took  the  oath  of 
office  on  November  21,  1922,  and  Senator  George  took  the  oath  on 
November  22,  1922  (VI,  156).  Discussion  us  to  the  term  of  service  of 
a  Senator  appointed  by  a  State  executive  to  fill  a  vacancy  (VI,  156). 

Decision  of  the  court: 

U.  S.  v.  Aczel  (1915),  219  Fed.,  917;  232  Fed.,  652. 

AMENDMENT  XVIII.0 
[See  Amendment  XXI  Which  Repealed  This  Amendment] 

SECTION  1.  [After  one  year  from  the  ratification  of 
« ™  o-  ^»-  "this  article  the  manufacture,  sale  or 

§  277.  Prohibition  .  J 

transportation  of  intoxicating  liquors 
within,  the  importation  thereof  into,  or 
the  exportation  thereof  from  the  United  States  and 

a  The  eighteenth  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  legislatures  of  the  several  States  by  the 
Sixty-fifth  Congress  on  the  17th  of  December,  1917,  and  was  declared 
in  a  proclamation  by  the  Secretary  of  State  dated  January  29,  1919, 
to  have  been  ratified  by  the  legislatures  of  thirty-six  of  the  forty-eight 
States.  The  dates  of  these  ratifications  were:  From  Mississippi, 
January  8,  1918;  Virginia,  January  10,  1918;  Kentucky,  January  14, 
1918;  South  Carolina,  January  23,  1918;  North  Dakota,  January  25, 
1918;  Maryland,  February  13,  1918;  Montana,  February  19,  1918; 
Texas,  March  4,  1918;  Delaware,  March  18,  1918;  South  Dakota, 
March  20,  1918;  Massachusetts,  April  2,  1918;  Arizona,  May  22,  1918; 
Georgia,  July  22,  1918;  Louisiana,  August  3,  1918;  Florida,  December 
14,  1918;  Michigan,  January  2,  1919;  Oklahoma,  January  7,  1919; 
Ohio,  January  7,  1919;  Tennessee,  January  8,  1919;  Idaho,  January  8, 
1919;  Maine,  January  8,  1919;  West  Virginia,  January  9,  1919; 
Washington,  January  13,  1919;  California,  January  13,  1919;  Arkansas, 
January  14,  1919;  Illinois,  January  14,  1919;  Indiana,  January  14, 
1919;  Kansas,  January  14,  1919;  North  Carolina,  January  14,  1919; 

[104] 


CONSTITUTION   OF  THE  UNITED   STATES 

§277, 

all  territories  subject  to  the  jurisdiction  thereof  for 
beverage  purposes  is  hereby  prohibited. 

SECTION  2.  The  Congress  and  the  several  States 
shall  have  concurrent  power  to  enforce  this  article 
by  appropriate  legislation. 

SECTION  3.  This  article  shall  be  inoperative  unless 
it  shall  have  been  ratified  as  an  amendment  to  the 
Constitution  by  the  legislatures  of  the  several  States, 
as  provided  in  the  Constitution,  within  seven  years 
from  the  date  of  the  submission  hereof  to  the  States 
by  the  Congress.] 

Decisions  of  the  courts : 

National  Prohibition  Cases,  253  U.  S.,  350;  Ex  parte  Dillon,  262 
Fed.,  563;  U.  S.  v.  Colby,  265  Fed.,  998;  Ruppert  v.  Caffey,  251  U.  S., 
264;  U.  S.  v.  Standard  Brewery,  251  U.  S.,  210;  Amos  v.  U.  S.,  255 
U.  S.,  313;  Street  v.  Lincoln  Safe  Dep.  Co.,  254  U.  S.,  88;  Cornell  v. 
Moore,  257  U.  S.,  491;  Hawes  v.  Georgia,  258  U.  S.,  1;  Vigliotti  v. 
Pennsylvania,  258  U.  S.,  403;  Grogan  v.  Walker  &  Sons,  259  U.  S.,  80; 
Lipke  v.  Lederer,  259  U.  S.,  557;  Regal  Drug  Co.  v.  Wardell,  260  U.  S., 
386;  U.  S.  v.  Lanza,  260  U.  S.,  377;  Dillon  v.  Gloss,  256  U.  S.,  368; 
Williams  v.  U.  S.,  255  U.  S.  336;  Hawke  v.  Smith,  253  U.  S.,  221;  Ex 
parte  Grossman,  267  U.  S.,  88;  Hebert  v.  United  States,  272  U.  S.,  312. 

Alabama,  January  14,  1919;  Iowa,  January  15,  1919;  Colorado,  Janu- 
ary 15,  1919;  Oregon,  January  15,  1919;  New  Hampshire,  January  15, 
1919;  Utah,  January  15,  1919;  Nebraska,  January  16,  1919.  The 
amendment  was  subsequently  ratified  by  the  following  States:  Missouri, 
January  16, 1919;  Wyoming,  January  16,  1919;  Minnesota,  January  17, 
1919;  Wisconsin,  January  17,  1919;  New  Mexico,  January  21,  1919; 
Nevada,  January  21,  1919;  Vermont,  January  29,  1919;  New  York, 
January  29,  1919;  Pennsylvania,  February  25,  1919;  and  New  Jersey, 
1922. 


[105] 


CONSTITUTION   OF  THE   UNITED   STATES 
§278. 

AMENDMENT  XIX,0 

The  right  of  citizens  of  the  United  States  to  vote 
§  278.  woman  shall  not  be  denied  or  abridged  by  the 
suffuse.  United  States  or  by  any  State  on 

account  of  sex. 

Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 

Decisions  of  the  Supreme  Court  of  the  United  States: 
Leser  v.  Garnett,  258  U.  S.,  130;  Fairchild  v.  Hughes,  258  U.  S.,  126; 
Hawke  t;.  Smith,  253  U.  S.,  231. 

a  The  nineteenth  amendment  to  the  Constitution  of  the  United  States 
was  proposed  to  the  legislatures  of  the  several  States  by  the  Sixty- 
sixth  Congress  on  the  5th  of  June,  1919,  and  was  declared  in  a  proc- 
lamation by  the  Secretary  of  State  dated  August  26,  1920,  to  have 
been  ratified  by  the  legislatures  of  thirty-six  of  the  forty-eight  States. 
The  dates  of  these  ratifications  were:  Wisconsin,  June  11,  1919;  Illinois, 
June  10,  1919;  Michigan,  June  10,  1919;  Ohio,  June  16,  1919;  Massa- 
chusetts, June  25,  1919;  Iowa,  July  2,  1919;  Missouri,  July  3,  1919; 
Nebraska,  August  2,  1919;  Montana,  August  2,  1919;  Minnesota, 
September  8,  1919;  New  Hampshire,  September  10,  1919;  Utah, 
October  2,  1919;  California,  November  1,  1919;  Maine,  Novembers, 
1919;  Pennsylvania,  June  27,  1919;  Kansas,  June  16,  1919;  Arkansas, 
July  28,  1919;  Texas,  June  28,  1919;  New  York,  June  16,  1919;  South 
Dakota,  December  4,  1919;  North  Dakota,  December  5,  1919;  Colo- 
rado, December  15,  1919;  Rhode  Island,  January  6,  1920;  Indiana, 
January  16,  1920;  Kentucky,  January  19,  1920;  Oregon,  January  13, 
1920;  Wyoming,  January  27,  1920;  Nevada,  February  7,  1920;  Arizona, 
February  12,  1920;  New  Jersey,  February  17,  1920;  Oklahoma,  Feb- 
ruary 28,  1920;  West  Virginia,  March  13,  1920;  New  Mexico,  February 
21,  1920;  Idaho,  February  11,  1920;  Washington,  March  22,  1920; 
Tennessee,  August  24,  1920;  Connecticut,  September  14,  1920;  Ver- 
mont, February  8,  1921.  The  amendment  was  rejected  by  Georgia, 
July  24,  1919;  by  Alabama,  September  22,  1919;  by  South  Carolina, 
January  29,  1920;  by  Virginia,  February  12,  1920;  by  Maryland, 
February  24,  1920,  and  subsequently  ratified,  April  9,  1941;  by  Missis- 
sippi, March  29,  1920;  by  Louisiana,  July  1,  1920, 

[106] 


CONSTITUTION   OF  THE   UNITED   STATES 

§279. 

AMENDMENT  XX.° 

SECTION  1.  The  terms  of  the  President  and  Vice 
§  279.  commencement  President  shall  end  at  noon  on  the  20th 
vi^e^sZLrs  day  of  January,  and  the  terms  of 
and  Representatives  Senators  and  Representatives  at  noon 
on  the  3d  day  of  January,  of  the  years  in  which  such 
terms  would  have  ended  if  this  article  had  not  been 
ratified;  and  the  terms  of  their  successors  shall  then 
begin. 

The  ratification  of  this  amendment  to  the  Constitution  shortened 

0  The  twentieth  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  legislatures  of  the  several  States  by  the 
Seventy-second  Congress,  on  March  3,  1932,  and  was  declared  in  a 
proclamation  by  the  Secretary  of  State  dated  February  6,  1933,  to  have 
been  ratified  by  the  legislatures  of  thirty-six  of  the  forty-eight  States. 
The  dates  of  these  ratifications  were:  Virginia,  March  4,  1932;  New 
York,  March  11,  1932;  Mississippi,  March  16,  1932;  Arkansas,  March 
17,  1932;  Kentucky,  March  17,  1932;  New  Jersey,  March  21,  1932; 
South  Carolina,  March  25,  1932;  Michigan,  March  31,  1932;  Maine, 
April  1,  1932;  Rhode  Island,  April  14,  1932;  Illinois,  April  21,  1932; 
Louisiana,  June  22,  1932;  West  Virginia,  July  30,  1932;  Pennsylvania, 
August  11,  1932;  Indiana,  August  15,  1932;  Texas,  September  7,  1932; 
Alabama,  September  13,  1932;  California,  January  4,  1933;  North 
Carolina,  January  5,  1933;  North  Dakota.  January  9,  1933;  Minnesota, 
January  12,  1933;  Montana,  January  13,  1933;  Nebraska,  January  13, 
1933;  Oklahoma,  January  13, 1933;  Arizona,  January  13,  1933;  Kansas, 
January  16,  1933;  Oregon,  January  16,  1933;  Wyoming,  January  19, 
1933;  Delaware,  January  19,  1933;  Washington,  January  19,  1933; 
South  Dakota,  January  20,  1933;  Tennessee,  January  20,  1933;  Iowa, 
January  20,  1933;  Idaho,  January  21,  1933;  New  Mexico,  January  21, 
1933;  Ohio,  January  23,  1933;  Utah,  January  23,  1933;  Missouri, 
January  23,  1933;  Georgia,  January  23,  1933;  Massachusetts,  January 
24,  1933;  Wisconsin,  January  24,  1933;  Colorado,  Janstury  24,  1933; 
Nevada,  January  26,  1933;  Connecticut,  January  27,  1933;  New 
Hampshire,  January  31,  1933;  Vermont,  February  2,  1933;  Maryland, 
March  24,  1933;  Florida,  April  26,  1933. 

[107] 


CONSTITUTION    OP   THE    UNITED    STATES 
§279. 

the  first  term  of  President  Franklin  D.  Roosevelt  and  Vice  President 
John  N.  Garner,  and  all  Senators  and  Representatives  of  the  Seventy, 
third  Congress. 

SECTION  2.  The  Congress  shall  assemble  at  least 
Meeting  of  once  in  every  year,  and  such  meeting 

confess.  shall  begin  at  noon  on  the  3d  day  pf 

January,  unless  they  shall  by  law  appoint  a  different 
day. 

Prior  to  the  ratification  of  the  twentieth  amendment  Congress  met 
on  the  first  Monday  in  December  as  provided  in  Article  I,  section  4, 
of  the  Constitution. 

The  first  session  of  the  Seventy-fifth  Congress  mot.  at  noon  on  Tues- 
day, January  5,  1937,  instead  of  Sunday,  January  !•>,  1937,  pursuant  to 
the  provisions  of  Pub.  Res.  120  approved  Juno  22,  1036  (49  Stat.  1826). 
See  also  Pub.  Laws  395  and  819,  77th  Cong. ;  Pub.  Law  210,  78th  Cong.; 
Pub.  Law  289,  79th  Cong,;  Pub.  Law  358,  80th  Cong.;  Pub.  Law  244, 
82d  Cong.,  Pub.  Law  199,  83d  Cong.;  Pub.  Law  700,  83d  Cong.;  Pub. 
Law  85-290;  Pub.  Law  85-819;  and  Pub.  Law  86-305. 

SECTION  3.  If,  at  the  time  fixed  for  the  beginning 
Death  or  °^  *ke  term  °^  the  President,  the  Presi- 

disquamcationof  dent  elect  shall  have  died,  the  Vice 
Presidentelect.  president  elect  shall  become  President. 
If  a  President  shall  not  have  been  chosen  before  the 
time  fixed  for  the  beginning  of  his  term,  or  if  the 
President  elect  shall  have  failed  to  qualify,  then  the 
Vice  President  elect  shall  act  as  President  until  a 
President  shall  have  qualified ;  and  the  Congress  may 
by  law  provide  for  the  case  wherein  neither  a  Presi- 
dent elect  nor  a  Vice  President  elect  shall  have  quali- 
fied, declaring  who  shall  then  act  as  President,  or  the 
manner  in  which  one  who  is  to  act  shall  be  selected, 
and  such  person  shall  act  accordingly  until  a  Presi- 
dent or  Vice  President  shall  have  qualified. 

Congress  has  provided  by  law  for  the  performance  of  the  duties  of 
the  President  in  case  of  removal,  death,  resignation  or  inability,  both 
of  the  President  and  Vice  President  (3  U.  S.  C.  19). 

[108] 


CONSTITUTION  OF  THE  "UNITED    STATES 

§§  279,  280. 

Prior  to  the  twentieth  amendment  to  the  Constitution  there  was 
no  provision  in  the  Constitution  to  take  care  of  a  case  wherein  the 
President  elect  was  disqualified  or  had  died. 

SECTION  4.  The  Congress  may  by  law  provide  for 
congress  to  provide  the  case  of  the  death  of  any  of  the 
persons  from  whom  the  House  of  Repre- 
sentatives  may  choose  a  President 
president.  whenever  the  right  of  choice  shall  have 

devolved  upon  them,  and  for  the  case  of  the  death  of 
any  of  the  persons  from  whom  the  Senate  may  choose 
a  Vice  President  whenever  the  right  of  choice  shall 
have  devolved  upon  them. 

The  above  section  changes  the  twelfth  amendment  insofar  as  it  gives 
Congress  the  power  to  provide  by  law  the  manner  in  which  the  House 
should  proceed  in  the  event  no  candidate  had  a  majority  and  one  of  the 
three  highest  on  the  list  of  those  voted  for  as  President  had  died. 

SECTION  5.  Sections  1  and  2  shall  take  effect  on 
the  15th  day  of  October  following  the  ratification  of 
this  article. 

SECTION  6.  This  article  shall  be  inoperative  unless 
it  shall  have  been  ratified  as  an  amendment  to  the 
Constitution  by  the  legislatures  of  three-fourths  of 
the  several  States  within  seven  years  from  the  date 
of  its  submission. 

AMENDMENT  XXI.0 

SECTION  1.  The  eighteenth  article  of  amendment 
§280.  Repeal  of  to  the  Constitution  of  the  United 
prohibition.  States  is  hereby  repealed. 

a  The  twenty-first  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  conventions  of  the  several  States  by  the  Seventy- 
second  Congress  on  the  20th  of  February,  1933,  and  was  declared  in  a 

[109] 


CONSTITUTION  OF  THE  UNITED    STATES 
§280. 

SECTION  2.  The  transportation  or  importation  into 
Transportation  into  s^y  State,  Territory,  or  possession  of 
statea  prohibited.  ^  United  States  for  delivery  or  use 
therein  of  intoxicating  liquors,  in  violation  of  the 
laws  thereof,  is  hereby  prohibited. 

SECTION  3.  This  article  shall  be  inoperative  unless 
it  shall  have  been  ratified  as  an  amendment  to  the 
Constitution  by  conventions  in  the  several  States,  as 
provided  in  the  Constitution,  within  seven  years 
from  the  date  of  the  submission  hereof  to  the  States 
by  the  Congress, 

proclamation  by  the  Acting  Secretary  of  State  dated  December  5, 
1933,  to  nave  been  ratified  by  conventions  in  thirty-six  of  the  forty- 
eight  States.  The  dates  of  these  ratifications  were:  Michigan,  April 

10,  1933;  Wisconsin,   April  25,   1933;  Rhode   Island,    May  8,  1933; 
Wyoming,  May  25,  1933;  New  Jersey,  June  1,  1933;  Delaware,  June  24, 
1933;  Massachusetts,  June  26,   1933;  Indiana,  June  26,   1933;  New 
York,  June  27,   1933;  Illinois,   July   10,   1933;  Iowa,  July  10,  1933; 
Connecticut,  July  11,  1933;  New  Hampshire,  July  11,  1933;  California, 
July  24,  1933;  West  Virginia,  July  25,  1933;  Arkansas,  August  1,  1933; 
Oregon,  August  7,  1933;  Alabama,  August  8,  1933;  Tennessee,  August 

11,  1933;   Missouri,   August  29,   1933;  Arizona,  September  5,  1933; 
Nevada,  September  5,  1933;  Vermont,  September  26,  1933;  Colorado, 
September  26,  1933;  Washington,  October  3,  1933;  Minnesota,  October 
10,   1933;   Idaho,   October   17,    1933;    Maryland,    October   18,  1933; 
Virginia,  October  25,  1933;  New  Mexico,  November  2,  1933;  Florida, 
November  14,  1933;  Texas,  November  24,  1933;  Kentucky,  November 
27,  1933;  Ohio,  December  5,  1933;  Pennsylvania,  December  5,  1933; 
Utah,  December  5,  1933,     The  amendment  was  subsequently  ratified 
by  Maine  on  December  6,  1933.     The  convention  held  in  the  State  of 
South  Carolina  on  December  4,  1933,  rejected  the  twenty-first  amend- 
ment. 


[110] 


CH>NSHTTTTION  OF  THE  UNITED   STATES 

§281. 

AMENDMENT  XXIL* 

SECTION  1.  No  person  shall  be  elected  to  the  office 
§281.  NO  person  of  the  President  more  than  twice,  and 
FMritort^m  no  Pers°ft  wh°  has  held  the  office  of 
than  twice.  President,  or  acted  as  President,  for 

more  than  two  years  of  a  term  to  which  some  other 
person  was  elected  President  shall  be  elected  to  the 
office  of  the  President  more  than  once.  But  this 
Article  shall  not  apply  to  any  person  holding  the 
office  of  President  when  this  Article  was  proposed 
by  the  Congress,  and  shall  not  prevent  any  person 
who  may  be  holding  the  office  of  President,  or  acting 
as  President,  during  the  term  within  which  this 
Article  becomes  operative,  from  holding  the  office  of 
President  or  acting  as  President  during  the  remainder 
of  such  term. 

SECTION  2.  This  article  shall  be  inoperative  un- 
less it  shall  have  been  ratified  as  an  amendment  to  the 
Constitution  by  the  legislatures  of  three-fourths  of 
the  several  States  within  seven  years  from  the  date  of 
its  submission  to  the  States  by  the  Congress. 

0  The  twenty-second  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  legislatures  of  the  several  States  by  the 
Eightieth  Congress  on  March  24,  1947,  and  was  declared  by  the 
Administrator  of  General  Services,  in  a  proclamation  dated  March  1, 
1951,  to  have  been  ratified  by  the  legislatures  of  thirty-six  of  the  forty- 
eight  States.  The  dates  of  these  ratifications  were:  Maine,  March  31, 
1947;  Michigan,  March  31,  1947;  Iowa,  April  1,  1947;  Kansas,  April  1, 
1947;  New  Hampshire,  April  1,  1947;  Delaware,  April  2,  1947;  Illinois, 
April  3,  1947;  Oregon,  April  3,  1947;  Colorado,  April  12,  1947;  Cali- 
fornia, April  15,  1947;  New  Jersey,  April  15,  1947;  Vermont,  April  15, 

[1111 


CONSTITUTION  OF  THJB  UNITKD    STATES 
§281. 


30,  1951;  New  Mexico,  February  12,  1051;  Wyoming,  February  12 
1951;  Arkansas,  February  15,  1951;  Georgia,  February  17,  iggj! 
Tennessee,  February  20,  1951;  Texas,  February  22,  1951-  Nevada' 
February  26,  1951;  Utah,  February  20,  1951;  Minnesota,  February  27 
1951.  The  amendment  was  subsequently  ratified  by  North  Carolina' 
February  28,  1951;  South  Carolina,  March  13,  1051  ; "Maryland  March 
14,  1951;  Florida,  April  16,  1951;  Alabama,  May  4,  11)51.* 


£112] 


JEFFERSON'S  MANUAL 


[118] 


§§  283,  284. 

JEFFERSQFS  MAJDAI  OP  PARLIAMENTARY  PRACTICE,0 


SEC.  I.  —  IMPORTANCE   OF  ADHERING  TO  RULES. 

Mr.  Onslow,  the  ablest  among  the  Speakers  of  the 
§  283.  Rmes  as        House  of  Commons,  used  to  say,  "It 
was  a  maxim  he  had  often  heard  when 


privileges  of 

minorities.  he  was  a  young  man,  from  old  and 

experienced  Members,  that  nothing  tended  more  to 
throw  power  into  the  hands  of  administration,  and 

a  Jefferson's  Manual  was  prepared  by  Thomas  Jefferson  for  his  own 
guidance  as  President  of  the  Senate  in  the  years  of  his  Vice-Presidency, 
from  1797  to  1801.  In  1837  the  House,  by  rule  wiiich  still  exists,  pro- 
vided that  the  provisions  of  the  Manna,!  should  "govern  the  House  in 
all  cases  to  which  they  are  applicable  and  in  which  they  are  not  incon- 
sistent With  the  standing  rules  and  orders  df  the  House."  Rule  XLII; 
§  93S.  In  1880  the  committee  which  revised  the  rules  of  the  House 
declared  in  their  report  that  the  Manual,  "compiled  as  it  was  for  the 
use  of  the  Senate  exclusively  and  made  up  almost  wholly  of  collations 
of  English  parliamentary  practice  and  decisions,  it  was  never  especially 
valuable  as  an  authority  in  the  House  of  Representatives,  even  in  its 
early  history,  and  for  many  years  past  has  been  rarely  quoted  in  the 
House"  (V,  6757).  This  statement,  although  sanctioned  by  high 
authority,  is  extreme,  for  in  certain  parts  of  the  Manual  are  to  be 
found  the  foundations  of  some  of  the  most  important  portions  of  the 
House's  practice. 

1  284.  The  ^he  Manual  is  regarded  by  English  parliamen- 

Manuaiasa  tartans  as  the  best  statement  of  what  tiae  law  of 

statement  of  Parliament  was  at  the  time  Jefferson  wrote  it.    Jef- 

parliamentary  law,         ferson  himgetf  s&ys>  in  tne  pjafece  of  the  WOrk: 

"I  could  not  doubt  the  necessity  of  quoting  the  sources  of  my  infor- 
mation, among  which  Mr.  Hatsel's  most  valuable  book  is  preeminent; 
but  as  he  has  only  treated  some  general  heads,  I  have  been  obliged  to 
recur  to  other  authorities  in  support  of  a  number  of  common  rules  of 
practice,  to  which  his  plan  did  not  descend.  Sometimes  each-  authority 

[UB 


JEFFERSON'S  MANUAL 

§284. 

those  who  acted  with  the  majority  of  the  House  of 
Commons,  than  a  neglect  of,  or  departure  from,  the 
rules  of  proceeding;  that  these  forms,  as  instituted  by 
our  ancestors,  operated  as  a  check  and  control  on  the 
actions  of  the  majority,  and  that  they  were,  in  many 
instances,  a  shelter  and  protection  to  the  minority, 
against  the  attempts  of  power/'  So  far  the  maxim 
is  certainly  true,  and  is  founded  in  good  sense,  that 
as  it  is  always  in  the  power  of  the  majority,  by  their 
numbers,  to  stop  any  improper  measures  proposed 
on  the  part  of  their  opponents,  the  only  weapons  by 
which  the  minority  can  defend  themselves  against 
similar  attempts  from  those  in  power  are  the  forms 
and  rules  of  proceeding  which  have  been  adopted  as 

cited  supports  the  whole  passage.  Sometimes  it  rests  on  all  taken 
together.  Sometimes  the  authority  goes  only  to  a  part  of  the  text,  the 
residue  being  inferred  from  known  rules  and  principles.  For  some  of 
the  most  familiar  forms  no  written  axithority  is  or  can  be  quoted,  no 
writer  having  supposed  it  necessary  to  repeat  what  all  were  presumed 
to  know.  The  statement  of  these  must  rest  on  ttieir  notoriety. 

"I  am  aware  that  authorities  can  often  be  produced  in  opposition  to 
the  rules  which  I  lay  down  as  parliamentary.  An  attention  to  dates 
will  generally  remove  their  weight.  The  proceedings  of  Parliament 
in  ancient  times,  and  for  a  long  while,  were  crude,  multiform,  and 
embarrassing.  They  have  been,  however,  constantly  advancing 
toward  uniformity  and  accuracy,  and  have  now  attained  a  degree  of 
aptitude  to  their  object  beyond  which  little  is  to  be  desired  or  expected, 

"Yet  I  am  far  from  the  presumption  of  believing  that  I  may  not  have 
mistaken  the  parliamentary  practice  in  some  cases,  and  especially  in 
those  minor  forms,  which,  being  practiced  daily,  arc  supposed  known 
to  everybody,  and  therefore  have  not  been  committed  to  writing.  Our 
resources  in  this  quarter  of  the  globe  for  obtaining  information  on  that 
part  of  the  subject  are  not  perfect.  But  I  have  begun  a  sketch,  which 
those  who  come  after  me  will  successively  correct  and  fill  up,  till  a 
code  of  rules  shall  be  formed  for  the  use  of  the  Senate,  the  effects  of 

[116] 


CONSTITUTION  OF  THE  UNITED   STATES 

§281. 

AMENDMENT  XXII." 

SECTION  1.  No  person  shall  be  elected  to  the  office 
§281.  NO  person  of  the  President  more  than  twice,  and 
ptsidentm^  no  person  who  has  held  the  office  of 
than  twice.  President,  or  acted  as  President,  for 

more  than  two  years  of  a  term  to  which  some  other 
person  was  elected  President  shall  be  elected  to  the 
office  of  the  President  more  than  once.  But  this 
Article  shall  not  apply  to  any  person  holding  the 
office  of  President  when  this  Article  was  proposed 
by  the  Congress,  and  shall  not  prevent  any  person 
who  may  be  holding  the  office  of  President,  or  acting 
as  President,  during  the  term  within  which  this 
Article  becomes  operative,  from  holding  the  office  of 
President  or  acting  as  President  during  the  remainder 
of  such  term. 

SECTION  2.  This  article  shall  be  inoperative  un- 
less it  shall  have  been  ratified  as  an  amendment  to  the 
Constitution  by  the  legislatures  of  three-fourths  of 
the  several  States  within  seven  years  from  the  date  of 
its  submission  to  the  States  by  the  Congress. 

0  The  twenty-second  amendment  to  the  Constitution  of  the  United 
States  was  proposed  to  the  legislatures  of  the  several  States  by  the 
Eightieth  Congress  on  March  24,  1947,  and  was  declared  by  the 
Administrator  of  General  Services,  in  a  proclamation  dated  March  1, 
1951,  to  have  been  ratified  by  the  legislatures  of  thirty-six  of  the  forty- 
eight  States.  The  dates  of  these  ratifications  were:  Maine,  March  31, 
1947;  Michigan,  March  31,  1947;  Iowa,  April  1,  1947;  Kansas,  April  1, 
1947;  New  Hampshire,  April  1,  1947;  Delaware,  April  2,  1947;  Illinois, 
April  3,  1947;  Oregon,  April  3,  1947;  Colorado,  April  12,  1947;  Cali- 
fornia, April  15,  1947;  New  Jersey,  April  15,  1947;  Vermont,  April  15, 

[1111 


JEFFERSON'S  MANUAL 

|287. 

or  captiousness  of  the  members.  It  is  very  material 
that  order,  decency,  and  regularity  be  preserved  in  a 
dignified  public  body.  2  Hats.,  149. 


SEC.    III. PRIVILEGE. 

The  privileges  of  members  of  Parliament,  from 
small    and    obscure    beginnings,   have 

$  287.  Privileges  .  .  '    . 

of  members  of         been  advancing  for   centuries  with  a 
Parliament.  ^^  ^^  never  yielding  pace.     Claims 

seem  to  have  been  brought  forward  from  time  to  time, 
and  repeated,  till  some  example  of  their  admission 
enabled  them  to  build  law  on  that  example.     We  can 
only,  therefore,  state  the  points  of  progression  at 
which  they  now  are.     It  is  now  acknowledged,  1st, 
That  they  are  at  all  times  exempted  from  question 
elsewhere,  for  anything  said  in  their  own  House;  that 
during  the  time  of  privilege,  2d.  Neither  a  member 
himself,  his,  order  H.  of  C.  1668,  July  16,  wife,  nor  his 
servants  (f amiliares  sui) ,  for  any  matter  of  their  crwn, 
may  be,  Elsynge,  217;  1  Hats.,  81;  1  Grey's  Deb.,  188, 
arrested  on  mesne  process,  in  any  civil  suit:  3d.  Nor 
be  detained  under  execution,  though  levied  before 
time  of  privilege:  4th.  Nor  impleaded,  cited,  or  sub- 
poenaed in  any  court:  5th.  Nor  summoned  as  a  witness 
or  juror:  6th.  Nor  may  their  lands  or  goods  be  dis- 
trained: 7th.  Nor  their  persons  assaulted,  or  char- 
acters traduced.     And  the  period  of  time  covered  by 
privilege,   before   and   after   the   session,   with  the 

[118] 


§288. 

practice  of  short  prorogations  under  the  connivance 
of  the  Crown,  amounts  in  fact  to  a  perpetual  protec- 
tion against  the  course  of  justice.  In  one  instance, 
indeed,  it  has  been  relaxed  by  the  10  G.  3,  c.  50, 
which  permits  judiciary  proceedings  to  go  on  against 
them.  That  these  privileges  must  be  continually 
progressive,  seems  to  result  from  their  rejecting  all 
definition  of  them;  the  doctrine  being,  that  "their 
dignity  and  independence  are  preserved  by  keeping 
their  privileges  indefinite;  and  that  'the  maxims 
upon  which  they  proceed,  together  with  the  method 
of  proceeding,  rest  entirely  in  their  own  breast,  and 
are  not  defined  and  ascertained  by  any  particular 
stated  laws/  "  1  Blackst.,  168, 164. 

It  was  probably  from  this  view  of  the  encroaching 
§  288.  Privilege  character  of  privilege  that  the  framers 
^^dlthe  of  our  Constitution,  in  their  care  to 
constitution.  provide  that  the  laws  shall  bind  equally 

on  all,  and  especially  that  those  who  make  them  shall 
not  exempt  themselves  from  their  operation,  have 
only  privileged  "Senators  and  Representatives" 
themselves  from  the  single  act  of  "arrest  in  all  cases 
except  treason,  felony,  and  breach  of  the  peace, 
during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from 
the  same,  and  from  being  questioned  in  any  other 
place  for  any  speech  or  debate  in  either  House. " 
Const.  U.  S.,  Art.  7,  Sec.  6.  Under  the  general 
authority  "to  make  all  laws  necessary  and  proper 


JEFFERSON'S  MANUAL 

5289. 

for  carrying  into  execution  the  powers  given  them," 
Const.  U.  S.,  Art  II,  Sec.  8,  they  may  provide  by  law 
the  details  which  may  be  necessary  for  giving  M 
effect  to  the  enjoyment  of  this  privilege.     No  such 
law  being  as  yet  made,  it  seems  to  stand  at  present  on 
the  following  ground:  1.  The  act  of  arrest  is  void,  ab 
initio.    2  Stra.,  989.     2.  The  member  arrested  may 
be  discharged  on  motion,  1  BL,  166;  2  Stra.,  990  ;<x 
by  habeas  corpus  under  the  Federal  or  State  author- 
ity, as  the  case  may  be;  or  by  a  writ  of  privilege  out 
of  the  chancery,  2  Stra.,  989,  in  those  States  which 
have  adopted  that  part  of  the  laws  of  England. 
Orders  of  the  House  of  Commons,  1550,  February  20. 
3.  The  arrest  being  unlawful,  is  a  trespass  for  which 
the  officer  and  others  concerned  are  liable  to  action 
or  indictment  in  the  ordinary  courts  of  justice,  as  in 
other  cases  of  unauthorized  arrest.     4.  The  court 
before  which  the  process  is  returnable  is  bound  to  act 
as  in  other  cases  of  unauthorized  proceeding,  and 
liable,  also,  as  in  other  similar  cases,  to  have  their 
proceedings   stayed   or    corrected   by   the   superior 
courts. 

The  time  necessary  for  going  to,  and  returning 
§289.  privilege         fj:omj  Congress,  not  being  defined,  it 
will,  of  course,  be  judged  of  in  every 


re  urn  ng.  particular  case  by  those  who  will  have 

to  decide  the  case.  While  privilege  was  understood 
in  England  to  extend,  as  it  does  here,  only  to  exemp- 
tion from  arrest,  eundo,  morando,  et  redeundo,  the 

[120] 


JEFFERSON'S  MANUAL 

§§  290,  291. 

House  of  Commons  themselves  decided  that  "a 
convenient  time  was  to  be  understood."  (1580,)  1 
Hats.,  99,  100.  Nor  is  the  law  so  strict  in  point  of 
time  as  to  require  the  party  to  set  out  immediately 
on  his  return,  but  allows  him  time  to  settle  his  private 
affairs,  and  to  prepare  for  his  journey;  and  does  not 
even  scan  his  road  very  nicely,  nor  forfeit  his  pro- 
tection for  a  little  deviation  from  that  which  is  most 
direct;  some  necessity  perhaps  constraining  him  to  it. 
£  Stra.,  986,  987. 

This  privilege  from  arrest,  privileges,  of  course, 
$290  private  of  against  all  process  the  disobedience  to 
Members  as  related  which  is  punishable  by  an  attachment 

to  rights  of  courts  to          -       _  ,  , 

summon  witnesses  oi  the  person;  as  a  subpoena  ad  re- 
and  jurors.  spondendum,  or  testificandum,  or  a 

summons  on  a  jury;  and  with  reason,  because  a 
Member  has  superior  duties  to  perform  in  another 
place.  When  a  Representative  is  withdrawn  from 
his  seat  by  summons,  the  40,000  people  whom  he 
represents  lose  their  voice  in  debate  and  vote,  as 
they  do  on  his  voluntary  absence;  when  a  Senator 
is  withdrawn  by  summons,  his  State  loses  half  its 
voice  in  debate  and  vote,  as  it  does  on  his  voluntary 
absence.  The  enormous  disparity  of  evil  admits  no 
comparison. 

The  House  has  decided  that  the  summons  of  a  court  to  Members  to 
§  291.  Attitude  of  attend  and  testify  constituted  a  breach  of  privilege, 
the  House  as  to  and  directed  them  to  disregard  the  mandate  (III, 

demands  of  the  2661);   but  in   other   cases   wherein    Members   in- 

courts'  formed  the  House  that  they  had  been  summoned  be- 

fore the  District  Court  of  the  United  States  for  the  District  of  Columbia 

[121] 


JKFFERK< )X'K  MANUAL 
§292 

or  other  courts,  the  House* 
ruary 
April  ; 

April  I  _  /      -....,-.  ..,,,.. 

p.  1399;  April  4,  1951,  p.  ftil>0;' April'*),  U»,H,  p.  ^,-,.  ^prii  p  iqr, 

p.  3751,  3752;  April  1»,  1951,  p.  ;Wf>;  June  4,  !95i,  p'  G084"  June  2 ' 

951,  p   7001;  September  18,  i»5I,  ,,.   11571;  September  27   Si  J 

I2    ^  !^^  ^  P-  »/M.^!l  !*•.  .!^  P-  ^(^;  March'  lufe 


«•  >•  5;'7°:  Apri  W    9      ' 
mak" 


,r  '  wwrarue  w 

mittmg  Members  to  waive  their  privilege,  prelVrrinK  (hat  the  Memba 
m  each  case  should  apply  for  permission  (III,  2<HiO).  Also  in  maiZ 
nance  of  its  privilege  the  House  has  refused  to  permit  the  Clerk  to 
produce  in  court,  in  obedience  to  a  summons,  an  original  paper  from 
the  files  but  gave  the  court,  facilities  for  nuikinj?  copies  (III,  2064 
Apr.  1  15  1948,  p.  4552;  April  2!),  UMS,  p.  5UH,  5Hi2;  May  0 

' 


13  m  ({    "  '          '    • 

13,  1950,  p.  1765;  September  22,  1050,  p.  iniilUi;  April  ti 

0;  Oetobt>r20' 


1954      n    2«>«       >  I     ,-  '          «       •        -         e 

±;-tt^^^ 

^  House  or  a  stat  ,,«,.  (1  1  1,  2C,f);i  VI,  587;  fi 

15,  1948,  p.  4552;  April  30,  1<).[8,  p.  5HH,51(il>;  Mav  (i  1948  n  5/32 

^  H)5(i'  p-  1^'-        ' 


d,0pted  each  ConK"-'««  Provuk-s  that/when  the  House 
adj°Umod  th;lt  Mon.lu.rs,  <,ffl«w  and  employees  M 
apP°ar  in  response  to  subpenas  duc.es  tecum,  but  pro- 


K  iu  res')OI1H(! 
thttt 


tvrerevt    h,  > 

cLr'k  of  thl^,  '     ^  **S  °?,Urt  muy  oblaia  C()I)i('s  tlu>rpof  through  the 

Who^  Sw  w      (SC^    L  R°S-  389'  B('I>t««»»»r  ia,  i«59,  p.  19365). 

When  either  House  desires  the  attendance,  of  a  Member  of  the  other 

°f        to.Sto  evidence  it  is  the  practice  to  ask  the  House  of 
°  Wi1Ch,he  ls  a  Membor  th^  the  Member  have  leave  to 


T 

papers.  -     But  iii  one  case,  at  least,  the 

House  to  snm™    benat.e(dld  »ot  consider  that  its  privilege  forbade  the 

the  Secretarv  oMnh°n|      f  °fflCCrS  US  a  witllC88  ^  T>  J  79«  •     But  whea 
the  Secretary  of  the  Senate  was  subpenaed  to  appear  before  a  commit- 


[122] 


JEFFERSON'S  MANUAL 

§§293,294. 

tee  of  the  House  with  certain  papers  from  the  files  of  the  Senate,  the 
Senate  discussed  the  question  of  privilege  before  empowering  him  to 
attend  (III,  2665). 

So  far  there  will  probably  be  no  difference  of 
§293.  Power  of  the  opinion  as  to  the  privileges  of  the  two 
House  to  punish  for  Houses  of  Congress;  but  in  the  fol- 
contempts.  lowing  cases  it  is  otherwise.  In  Decem- 

ber, 1795,  the  House  of  Representatives  committed 
two  persons  of  the  name  of  Randall  and  Whitney 
for  attempting  to  corrupt  the  integrity  of  certain 
Members,  which  they  considered  as  a  contempt  and 
breach  of  the  privileges  of  the  House;  and  the  facts 
being  proved,  Whitney  was  detained  in  confinement 
a  fortnight  and  Randall  three  weeks,  and  was  repri- 
manded by  the  Speaker.  In  March,  1796,  the  House 
of  Representatives  voted  a  challenge  given  to  a 
Member  of  their  House  to  be  a  breach  of  the  privi- 
leges of  the  House;  but  satisfactory  apologies  and 
acknowledgments  being  made,  no  further  proceed- 
ing was  had.  *  *  * 

The  cases  of  Randall  and  Whitney  (II,  1599-1603)  were  followed  in 
1818  by  the  case  of  John  Anderson,  a  citizen,  who  for 
the  tourHn  °  attempted  bribery  of  a  Member  was  arrested,  tried, 

Anderson's  case.  and  censured  by  the  House  (II,  1606).  Anderson 
appealed  to  the  courts  and  this  procedure  finally 
resulted  in  a  discussion  by  the  Supreme  Court  of  the  United  States  of 
the  right  of  the  House  to  punish  for  contempts,  and  a  decision  that  the 
House  by  implication  has  the  power  to  punish,  since  "public  function- 
aries must  be  left  at  liberty  to  exercise  the  powers  which  the  people 
have  intrusted  to  them,"  and  "the  interests  and  dignity  of  those  who 
created  them  require  the  exertion  of  the  powers  indispensable  to  the 
attainment  of  the  ends  of  their  creation.  Nor  is  a  casual  conflict  with 
the  rights  of  particular  individuals  any  reason  to  be  urged  against  the 
exercise  of  such  powers"  (II,  1607;  Anderson  v.  Dunn,  6  Wheaton  204). 
In  1828  an  assault  on  the  President's  secretary  in  the  Capitol  gave 
rise  to  a  question  of  privilege  which  involved  a  discussion  of  the  in- 
herent power  of  the  House  to  punish  for  contempt  (II,  1615).  Again 
in  1832,  when  the  House  censured  Samuel  Houston,  a  citizen,  for 

[123] 


JEFFERSON'S  MANUAL 

§§295,296. 

assault  on  a  Member  for  words  spoken  in  debate  (II,  1616),  there 
was  a  discussion  by  the  House  of  the  doctrine  of  inherent  and  implied 
power  as  opposed  to  the  other  doctrine  that  the  House  might  exercise 
no  authority  not  expressly  conferred  on  it  by  the  Constitution  or  the 
laws  of  the  land  (II,  1619).     In  1S65  the  House  arrested  and  censured 
a  citizen  for  attempted  intimidation  and  assault  on  a  member  (11,1625)- 
in  1866,  a  citizen  who  had  assaulted  the  clerk  of  a  committee  of  the 
House  in  the  Capitol  was  arrested  by  order  of  the  House,  but  as  there 
was  not  time  to  punish  in  the  few  remaining  days  of  the  session,  the 
Sergeant-at-Arms  was  directed  to  turn  the  prisoner  over  to  the  civil 
authorities  of  the  District  of  Columbia  (II,  1(529);  and  in  1870  one 
Woods,  who  had  assaulted  a  Member  on  his  way  to  the  House,  was 
arrested  on  warrant  of  the  Speaker,  arraigned  at  the  bar,  and  impris- 
oned for  a  term  extending  beyond  the  adjournment  of  the  session 
although  not  beyond  the  terirTof  the  existing  House  (II,  1626-1628)! 
In  1876  the  arrest  and  imprisonment  by  the  House  of  Halle t  Kilbournj 
a  contumacious  witness,  resulted  in  a  decision  by  the 
Supreme  Co^  <>f  the  United  States  that  the  House 
had  no  general  power  to  punish  for  contempt,  as  in 
a  case  wherein  it  was  proposing  to  coerce  a  witness  in 
an  inquiry  not  within  the  constitutional  authority  of  the  House.    The 
Court  also  discussed  the  doctrine  of  inherent  power  to  punish,  saying  in 
conclusion,  "We  are  of  opinion  that  the  right  of  the  House  of  Repre- 
sentatives to  punish  the  citizen  for  a  contempt  of  its  authority  on  a 
breach  of  its  privileges  can  derive  no  support  from  the  precedents  and 
practices  of  the  two  Houses  of  the  English  Parliament,  nor  from  the 
adjudged  cases  in  which  the  English  courts  have  upheld  these  prac- 
tices.    Nor,  taking  what  has  fallen  from   the   English  judges,  and 
especially  the  later  cases  on  which  we  have  just  commented,  is  much 
aid  given  to  the  doctrine,  that  this  power  exists  as  one  necessary  to 
enable  either  House  of  Congress  to  exercise  successfully  their  function 
of  legislation.    This  latter  proposition  is  one  that  we  do  not  propose 
to  decide  in  the  present  case,  because  we  are  able  to  decide  it  without 
passing  upon  the  existence  or  nonexistcnce  of  such  a  power  in  aid  of 
the  legislative  function"  (108  U.  S.,   189;  II,  1611).     In  1894,  in  the 
case  of  Chapman,  another  contumacious  witness,  the  Supreme  Court 
affirmed  the  undoubted  right  of  either  House  of  Congress  to  punish 
for  contempt  in  cases  to  which  its  power  properly  extends  under  the 
expressed  terms  of  the  Constitution  (II,  1014;  In  Re  Chapman,  166 
U.  S.  661).    The  nature  of  the  punishment  which  the  House  may  inflict 
was  discussed  by  the  Court  in  Anderson's  case  (II,  1607;  Anderson  v. 
Dunn,  6  Wheaton  204). 

In  the  case  of  Marshall  v.  Gordon,  243  U.  S.,  521,  the  Court  stated: 
5296  Decision  of  Appellant  while  United  States  Attorney  for  the 

the  court  in  Mar-  Southern  District  of  New  York  conducted  a  grand  jury 
shall  D.  Gordon. "  investigation  which  led  to  the  indictment  of  a  Mem- 
ber of  the  House  of  Representatives.  Acting  on 
charges  of  misfeasance  and  nonfeasance  made  by  the  Member  against 
appellant  in  part  before  the  indictment  and  renewed  with  additions 
afterward,  the  House  by  resolution  directed  its  Judiciary  Committee 
to  make  inquiry  and  report  concerning  appellant's  liability  to  impeach- 

[124] 


JEFFEKSON  S   MANUAL 

§296. 

merit.  Such  inquiry  being  in  progress  through  a  subcommittee, 
appellant  addressed  to  the  subcommittee's  chairman,  and  gave  to 
the  press,  a  letter,  charging  the  subcommittee  with  an  endeavor  to 
probe  into  and  frustrate  the  action  of  the  grand  jury,  and  couched  in 
terms  calculated  to  arouse  the  indignation  of  the  members  of  that 
committee  and  those  of  the  House  generally.  Thereafter,  appellant 
was  arrested  in  New  York  by  the  Sergeant  at  Arms  pursuant  to  a  reso- 
lution of  the  House  whereby  the  letter  was  characterized  as  defama- 
tory and  insulting  and  as  tending  to  bring  that  body  into  public  con- 
tempt and  ridicule,  and  whereby  appellant  in  writing  and  publishing 
such  letter  was  adjudged  to  be  in  contempt  of  the  House  in  violating 
its  privileges,  honor,  and  dignity.  He  applied  for  habeas  corpus. 

The  court  held  that  the  proceedings  concerning  which  the  alleged 
contempt  was  committed  were  not  impeachment  proceedings;  that, 
whether  they  were  impeachment  proceedings  or  not,  the  House  was 
without  power  by  its  own  action,  as  distinct  from  such  action  as  might 
be  taken  under  criminal  laws,  to  arrest  or  punish  for  such  acts  as  were 
committed  by  appellant. 

No  express  power  to  punish  for  contempt  was  granted  to  the  House 
of  Representatives  save  the  power  to  deal  with  contempts  committed 
by  its  own  Members  (Art.  I,  §  5) .  The  possession  by  Congress  of  the 
commingled  legislative  and  judicial  authority  to  punish  for  contempts 
which  was  exerted  by  the  House  of  Commons  is  at  variance  with  the 
view  and  tendency  existing  in  this  country  when  the  Constitution  was 
adopted,  as  evidenced  by  the  manner  in  which  the  subject  was  treated 
in  many  State  constitutions,  beginning  at  or  about  that  time  and  con- 
tinuing thereafter.  Such  commingling  of  powers  would  be  destructive 
of  the  basic  constitutional  distinction  between  legislative,  executive, 
and  judicial  power,  and  repugnant  to  limitations  which  the  Constitu- 
tion fixes  expressly;  hence  there  is  no  warrant  whatever  for  implying 
such  a  dual  power  in  aid  of  other  powers  expressly  granted  to  Congress. 
The  House  has  implied  power  to  deal  directly  with  contempt  so  far  as 
is  necessary  to  preserve  and  exercise  the  legislative  authority  expressly 
granted.  Being,  however,  a  power  of  self-preservation,  a  means  and 
not  an  end,  the  power  does  not  extend  to  infliction  of  punishment,  as 
such;  it  is  a  power  to  prevent  acts  which  in  and  of  themselves  inherently 
prevent  or  obstruct  the  discharge  of  legislative  duty  and  to  compel  the 
doing  of  those  things  which  are  essential  to  the  performance  of  the 
legislative  functions.  As  pointed  out  in  Anderson  v.  Dunn,  6  Wheat., 
204,  this  implied  power  in  its  exercise  is  limited  to  imprisonment  during 
the  session  of  the  body  affected  by  the  contempt. 

[125] 


JEFFERSON'S  MANUAL 

§297. 

The  authority  does  not  cease  when  the  act  complained  of  has  been 
committed,  but  includes  the  right  to  determine  in  the  use  of  legitimate 
and  fair  discretion  how  far  from  the  nature  and  character  of  the  act 
there  is  necessity  for  repression  to  prevent  immediate  recurrence,  i.  e,, 
the  continued  existence  of  the  interference  or  obstruction  to  the  exercise 
of  legislative  power.  In  such  case,  unless  there  be  manifest  an  absolute 
disregard  of  discretion,  and  a  mere  exertion  of  arbitrary  power  coming 
within  the  reach  of  constitutional  limitations,  tho  exercise  of  the  au- 
thority is  not  subject  to  judicial  interference.  The  power  is  the  same 
in  quantity  and  quality  whether  exerted  on  behalf  of  the  impeachment 
powers  or  of  the  others  to  which  it  is  ancillary.  The  legislative  power 
to  provide  by  criminal  laws  for  the  prosecution  and  punishment  of 
wrongful  acts  is  not  here  involved. 

See  also  (McGrain  v.  Daugherty,  273  U.  S.,  135;  Sinclair  v.  United 
States,  279  U.  S.,  263;  Jurney  v.  MacCracken,  294  U.  S.,  125). 

*    *    *    The  editor  of  the  Aurora  having,  in  his 
paper  of  February  19,  1800,  inserted 

§297.  Jefferson's  r     ^  IT/. 

statement  of  aw-     some   paragraphs   defamatory   of  the 

ments  for  inherent         ,-,  ,  T     r-    •  i      t     •         i    • 

power  to  pumsh  for    Senate,  and  failed  m  his  appearance, 
contempt.  j^  wag  orcjere(}  ^o  be  committed.    In 

debating  the  legality  of  this  order,  it  was  insisted, 
in  support  of  it,  that  every  man,  by  the  law  of 
nature,  and  every  body  of  men,  possesses  the  right 
of  self-defense;  that  all  public  functionaries  are 
essentially  invested  with  the  powers  of  self-preser- 
vation; that  they  have  an  inherent  right  to  do  all 
acts  necessary  to  keep  themselves  in  a  condition  to 
discharge  the  trusts  confided  to  them ;  that  whenever 
authorities  are  given,  the  means  of  carrying  them 
into  execution  are  given  by  necessary  implication; 
that  thus  we  see  the  British  Parliament  exercise  the 
right  of  punishing  contempts;  all  the  State  Legis- 
latures exercise  the  same  power,  and  every  court 

[126] 


JEFFERSON'S  MANUAL 

§298. 

does  the  same;  that,  if  we  have  it  not,  we  sit  at  the 
mercy  of  every  intruder  who  may  enter  our  doors  or 
gallery,  and,  by  noise  and  tumult,  render  proceeding 
in  business  impracticable;  that  if  our  tranquillity  is 
to  be  perpetually  disturbed  by  newspaper  defama- 
tion, it  will  not  be  possible  to  exercise  our  functions 
with  the  requisite  coolness  and  deliberation;  and 
that  we  must  therefore  have  a  power  to  punish  these 
disturbers  of  our  peace  and  proceedings.  *  *  * 
*  *  *  To  this  it  was  answered,  that  the  Parlia- 

§298.  statement  or  ment  ^  courts  of  England  have  cog- 
anmments  against  nizance  of  contempts  by  the  express 

the  inherent  power  .    .  .  .  _ 

to  punish  for  con-  provisions  of  their  law;  that  the  State 
tempts.  Legislatures  have  equal  authority  be- 

cause their  powers  are  plenary;  they  represent  their 
constituents  completely,  and  possess  all  their  powers, 
except  such  as  their  constitutions  have  expressly 
denied  them;  that  the  courts  of  the  several  States 
have  the  same  powers  by  the  laws  of  their  States,  and 
those  of  the  Federal  Government  by  the  same  State 
laws  adopted  in  each  State,  by  a  law  of  Congress;  that 
none  of  these  bodies,  therefore,  derive  those  powers 
from  natural  or  necessary  right,  but  from  express  law; 
that  Congress  have  no  such  natural  or  necessary 
power,  nor  any  powers  but  such  as  are  given  them 
by  the  Constitution;  that  that  has  given  them, 
directly,  exemption  from  personal  arrest,  exemption 
from  question  elsewhere  for  what  is  said  in  their 
House,  and  power  over  their  own  members  and  pro- 

[127] 


JEFFERSON  S   MANUAL 

ceedings;  for  these  no  further  law  is  necessary,  the 
Constitution  being  the  law;  that,  moreover,  by  that 
article  of  the  Constitution  which  authorizes  them  "to 
make  all  laws  necessary  and  proper  for  carrying  into 
execution  the  powers  vested  by  the  Constitution  in 
them/'  they  may  provide  by  law  for  an  undisturbed 
exercise  of  their  functions,  e.  g.?  for  the  punishment 
of  contempts,  of  affrays  or  tumult  in  their  presence, 
&c.;  but,  till  the  law  be  made,  it  does  not  exist;  and 
does  not  exist,  from  their  own  neglect;  that,  in  the 
meantime,  however,  they  are  not  unprotected,  the 
ordinary  magistrates  and  courts  of  law  being  open 
and  competent  to  punish  all  unjustifiable  disturbances 
or  defamations,  and  even  their  own  sergeant,  who 
may  appoint  deputies  ad  libitum  to  aid  him,  S  Grey, 
59,  147,  S55,  is  equal  to  small  disturbances;  that  in 
requiring  a  previous  law,  the  Constitution  had  regard 
to  the  inviolability  of  the  citizen,  as  well  as  of  the 
Member;  as,  should  one  House,  in  the  regular  form 
of  a  bill,  aim  at  too  broad  privileges,  it  may  be  checked 
by  the  other,  and  both  by  the  President;  and  also  as, 
the  law  being  promulgated,  the  citizen  will  know  how 
to  avoid  offense.     But  if  one  branch  may  assume  its 
own  privileges  without  control,  if  it  may  do  it  on  the 
spur  of  the  occasion,  conceal  the  law  in  its  own 
breast,  and,  after  the  fact  committed,  make  its  sen- 
tence both  the  law  and  the  judgment  on  that  fact; 
if  the  offense  is  to  be  kept  undefined  and  to  be  declared 
only  ex  re  nata,  and  according  to  the  passions  of  the 

[128] 


JEFFERSON  S    MANUAL 
§301. 

col  2;  648,  col.  L     PeL  MisceL  ParL,  119.    Lex. 
Parl,  c.  23.    2  Hats.,  22,  62. 

The  Constitution  of  the  United  States  limits  Uie  broad  Parliamentary 
privilege  to  the  time  of  attendance  on  sessions  of  Congress,  and  of  going 
to  and  returning  therefrom.  In  a  case  wherein  a  Moraber  was  im- 
prisoned during  a  recess  of  Congress,  he  remained  in  confinement  until 
the  House,  on  assembling,  liberated  him  (III,  2570). 

It  is  recognized  in  the  practice  of  the  House  that  a  member  maybe 
named  of  a  committee  before  he  is  sworn,  and  in  some  cases  Members 
have  not  taken  the  oath  until  long  afterwards  (IV,  4483).  In  one  case, 
wherein  a  Member  did  not  appear  to  take  the  oath,  the  Speaker  with  the 
consent  of  the  House  appointed  another  Member  to  the  committee  place 
(IV,  4484).  The  status  of  a  Member-elect  under  the  Constitution 
undoubtedly  differs  greatly  from  the  status  of  a  Member-elect  under  the 
law  of  Parliament.  In  various  inquiries  by  committees  of  the  House 
this  question  has  been  examined,  with  the  conclusions  that  a  Member 
elect  becomes  a  Member  from  the  very  beginning  of  the  term  to  which 
he  was  elected  (I,  500),  that  he  is  as  much  an  officer  of  the  Government 
before  taking  the  oath  as  afterwards  (I,  185),  and  that  his  status  is 
distinguished  from  that  of  a  Member  who  has  qualified  (I,  183,  184). 
Members-elect  may  resign  or  decline  before  taking  the  oath  (II,  1230- 
1233,  1235),  and  in  one  case  a  Member-elect  was  expelled  (I,  476;  II, 
1262).  The  names  of  Members  who  have  not  been  sworn  are  not 
entered  on  the  roll  from  which  the  yeas  and  nays  are  called  for  entry  on 
the  Journal  (V,  6048;  VIII,  3122). 

Every  man  must,  at  his  peril,  take  notice  who  are 


§301.  Kerens  of     members  of  either  House  returned  of 

Members  and 

others  to  privilege,      record.     Leo;.  ParL,  23;  4  Inst.,  24- 

On  complaint  of  a  breach  of  privilege,  the  party 
may  either  be  summoned,  or  sent  for  in  custody  of 
the  sergeant.  1  Grey,  88,  95. 

The  privilege  of  a  Member  is  the  privilege  of  the 
House.  If  the  Member  waive  it  without  leave,  it  is 
a  ground  for  punishing  him,  but  cannot  in  effect 
waive  the  privilege  of  the  House.  8  Grey,  140, 

[ISO] 


JEITERSON'S  MANUAL 

§§  302.  303. 

Although,  the  privilege  of  Members  of  the  House  of  Representatives 
is  limited  by  the  Constitution,  these  provisions  of  the  Parliamentary 
law  are  applicable,  and  persons  who  have  attempted  to  bribe  Members 
(II,  1599,  1606),  assault  them  for  words  spoken  in  debate  (II,  1617, 
1625)  or  interfere  with  them  while  on  the  way  to  attend  the  sessions 
of  the  House  (II,  1626),  have  been  arrested  by  order  of  the  House  by 
the  Sergeant-at-Arms,  "wherever  to  be  found."  The  House  has 
declined  to  make  a  general  rule  to  permit  Members  to  waive  their 
privilege  in  certain  cases,  preferring  to  give  or  refuse  permission  in  each 
individual  case  (III,  2660-2662). 

For  any  speech  or  debate  in  either  House,  they 
shall  not  be  questioned  in  any  other 
§302.  Pariiamen-       place.     Const.  U.  S.,  I,  6;  S.  P.  protest 
of  the  Commons  to  James  I,  1621;  2 

RaPin> No-  64  PP->  211>  21%-  But  this  is 
or  debate.  restrained  to  things  done  in  the  House 

in  a  parliamentary  course.  1  Rush, 
663.  For  he  is  not  to  have  privilege  contra  morem 
parKamentarium,  to  exceed  the  bounds  and  limits 
of  his  place  and  duty.  Com.  p. 

If  an  offense  be  committed  by  a  member  in  the 

House,  of  which  the  House  has  cogni- 
1  °f      zance,  it  is  an  infringement  of  their 

right  for  any  person  or  court  to  take 

notice  of  it  till  the  House  has  punished 
the  offender  or  referred  him  to  a  due  course.  Lex. 
ParL9  63. 

Privilege  is  in  the  power  of  the  House,  and  is  a 
restraint  to  the  proceeding  of  inferior  courts,  but  not 
of  the  House  itself.  8  Nalson,  450;  2  Grey,  899.  For 
whatever  is  spoken  in  the  House  is  subject  to  the  cen- 
sure of  the  House;  and  offenses  of  this  kind  have  been 

[131] 


JEFFERSON'S  MANUAL 

§§  304,  305. 

severely  punished  by  calling  the  person  to  the  bar 
to  make  submission,  committing  him  to  the  tower, 
expelling  the  House,  &c.  Scab.,  72;  L.  ParL,  c.  22. 
§  804.  Breach  of  It  is  a  breach  of  order  for  the  Speaker 

t^tle^SSr  to  refuse  to  Put  a  question  which  is  in 
which  i«  in  order,  order.  1  Hats.,  175-6;  5  Grey,  188. 

Where  the  Clerk,  presiding  during  organization  of  the  House,  de- 
clined to  put  a  question,  a  Member  put  the  question  from  the  floor 
(I,  67). 

And  even  in  cases  of  treason,  felony,  and  breach  of 
the  peace,  to  which  privilege  does  not 
extend  as  to  substance,  yet  in  Parlia- 
iege  as  relate*  to       ment  a  member  is  privileged  as  to  the 

treason,  felony,  etc.  .f  o  v    UAA^ 

mode  of  proceeding.  The  case  is  first  to 
be  laid  before  the  House,  that  it  may  judge  of  the  fact 
and  of  the  ground  of  the  accusation,  and  how  far 
forth  the  manner  of  the  trial  may  concern  their 
privilege;  otherwise  it  would  be  in  the  power  of  other 
branches  of  the  government,  and  even  of  every  private 
man,  under  pretenses  of  treason,  &c.,  to  take  any 
man  from  his  service  in  the  House,  and  so,  as  many, 
one  after  another,  as  would  make  the  House  what  he 
pleaseth.  Dec'l  of  the  Com.  on  the  King's  declaring 
Sir  John  Hotham  a  traitor.  4  Rushw.,  586.  So,  when 
a  member  stood  indicted  for  felony,  it  was  adjudged 
that  he  ought  to  remain  of  the  House  till  conviction; 
for  it  may  be  any  man's  case,  who  is  guiltless,  to  be 
accused  and  indicted  of  felony,  or  the  like  crime, 
23  El,  1580;  D'Ewes,  288,  col.  1;  Lex.  ParL,  138. 

[132] 


JEFFERSON'S  MANUAL 

{$  310,  311. 

SEC.  VI.—  QUORUM. 
*  *  *  *  * 

In  general  the  chair  is  not  to  be  taken  till  a  quorum 
$3io.  Necessity  of  for  business  is  present;  unless,  after  due 
biTeZ  w!L*  waiting,  such  a  quorum  be  despaired  of, 
debate.  when  the  chair  may  be  taken  and  the 

House  adjourned.  And  whenever,  during  business, 
it  is  observed  that  a  quorum  is  not  present,  any 
member  may  call  for  the  House  to  be  counted,  and 
being  found  deficient,  business  is  suspended,  8  Hats.y 
125,  126. 

In  the  House  of  Representatives  the  Speaker  takes  the  Chair  at  the 
hour  to  which  the  House  stood  adjourned,  the  question  of  quorum  not 
being  considered  unless  raised  (IV,  2733;  VI,  624),  and  it  is  not  in- 
cumbent on  the  Chair  to  ascertain  the  presence  of  a  quorum  unless 
the  point  is  raised  (VI,  565).  According  to  the  earlier  and  later 
practice  of  the  House  the  presence  of  a  quorum  is  necessary  during 
debate  and  other  business  (IV,  2935-2949). 

SEC.  VII.  —  CALL   OF  THE   HOUSE 

On  the  call  of  the  House,  each  person  rises  up  as  he 
is  called,  and  answereth;  the  absentees 

$311.  Partiamen-  ,11  j.    J     V     j.  A      U 

tary  ruiee  for  caii       are  then  only  noted,  but  no  excuse  to  be 

of  the  Hoose. 


Then  the  absentees  are  called  a  second  time,  and  if 
still  absent,  excuses  are  to  be  heard.  Ord.  House  of 
Commons,  92. 

They  rise  that  their  persons  may  be  recognized  ;  the 
voice,  in  such  a  crowd,  being  an  insufficient  verifica- 
tion of  their  presence.  But  in  so  small  a  body  as  the 


[135] 


JEFFERSON'S  MANUAL 

§§  313,  314. 

Speaker  should  be  elected  by  a  majority  of  all  present  (I,  215),  and  in 
1879  that  he  might  be  elected  by  a  majority  of  those  present,  if  a 
quorum,  and  that  a  majority  of  all  the  Members  was  not  required 
(I,  216).  In  two  instances  the  House  chose  a  Speaker  by  plurality  oi 
votes,  but  confirmed  the  choice  by  majority  vote  (I,  221).  On  several 
occasions  the  choice  of  Speaker  has  been  delayed  for  several  weeks  by 
contests  (I,  222;  V,  5356,  6647,  6649;  VI,  24). 

In  the  Senate,  a  President  pro  tempore,  in  the  ab- 
sence of  the  Vice-President,  is  proposed 

§313.  Election  of  »         ^       ^ 

president  pro  tem-  and  chosen  by  ballot.  His  office  is 
pore  of  the  senate.  un(jerstOod  to  be  determined  on  the 
Vice-President's  appearing  and  taking  the  chair,  or 
at  the  meeting  of  the  Senate  after  the  first  recess. 

In  the  later  practice  the  President  pro  tempore  has  usually  been 
chosen  by  resolution.  In  1876  the  Senate  determined  that  the  tenure 
of  office  of  a  President  pro  tempore  elected  at  one  session  does  not 
expire  at  the  meeting  of  Congress  after  the  first  recess,  the  Vice-Presi- 
dent not  having  appeared  to  take  the  chair;  that  the  death  of  the  Vice- 
President  does  not  have  the  effect  to  vacate  the  office  of  President  pro 
tempore;  and  that  the  President  pro  tempore  holds  office  at  the  pleasure 
of  the  Senate  (II,  1417). 

Where  the  Speaker  has  been  ill,  other  Speakers  pro 
§314.  Pariiamen-  tempore  have  been  appointed.  In- 
stances  of  this  are  1  H.,  4*  Sir  John 
Cheyney,  and  Sir  William  Sturton,  and 
in  15  H.,  6.  Sir  John  Tyrrel,  in  1656,  January  27; 
1658,  March  9;  1659,  January  13. 

Sir  Job  Charlton  ill,  Seymour' 
chosen,  1673,  February  18. 

Seymour  being  ill,  Sir  Robert 
Sawyer  chosen,  1678,  April  15. 

Sawyer    being    ill,    Seymour 
chosen. 

[137] 


Not  merely  pro 
tempore.  1  Chand., 
169,  276,  277. 


JEFFERSON'S  MANUAL 

§§315,316. 

Thorpe  in  execution,  a  new  Speaker  chosen,  81  H. 
VI,  S  Grey,  11;  and  March  14, 1694,  Sir  John  Trevor 
chosen.  There  have  been  no  later  instances. 


The  House  of  Representatives,  by  Rule  1,  cl.  7,  has  provided  for 
appointment  and  election  of  Speakers  pro  tempore. 

A  Speaker  may  be  removed  at  the  will  of  the 
§3i5.Eemovaiof  House,  and  a  Speaker  pro  tempore  ap- 
the  Beaker.  pointed,  f  Grey,  186;  5  Grey,  134. 

The  House  of  Representatives  has  never  removed  a  Speaker;  but  it 
has  on  several  occasions  removed  or  suspended  other  officers,  as  Clerk 
and  Doorkeeper  (I,  287-290,  292;  II,  1417),  who  are  officers  classed  by 
the  Constitution  in  the  phrase  "the  House  of  Representatives  shall 
choose  their  Speaker  and  other  officers."  A  resolution  for  the  removal 
of  an  officer  is  presented  as  a  matter  of  privilege  (I,  284-286;  VI,  35), 
and  a  resolution  declaring  the  office  of  Speaker  vacant  presents  a  ques- 
tion of  constitutional  privilege  (VI,  35). 

SEC.  X.—  ADDRESS. 
***** 

A  joint  address  of  both  Houses  of  Parliament  is  read 
isle.  Addresses  by  the  Speaker  of  the  House  of  Lords, 
to  the  president.  jt  may  fa  Bended  by  both  Houses  in  a 
body,  or  by  a  Committee  from  each  House,  or  by  the 
two  Speakers  only.  An  address  of  the  House  of  Com- 
mons only  may  be  presented  by  the  whole  House,  or 
by  the  Speaker,  9  Grey,  473;  1  Chandler,  S98,  301;  or 
by  such  particular  members  as  are  of  the  privy  coun- 
cil. 2  Hats., 


In  the  first  years  of  Congress  the  President  annually  delivered  an 
address  to  the  two  Houses  in  joint  meeting,  and  the  House  of  Repre- 


[138] 


5317. 

sentatives  then  prepared  an  address,  which  the  Speaker,  attended  by 
the  House,  carried  to  the  President.  A  joint  rule  of  1789  also  provided 
for  the  presentation  of  joint  addresses  of  the  two  Houses  to  the  Presi- 
dent (V,  6630).  In  1876  the  joint  rules  of  the  House  were  abrogated, 
including  the  joint  rule  providing  for  presentation  of  the  joint  addresses 
of  the  two  Houses  to  the  President  (V,  6782-6787).  In  1801  President 
Jefferson  transmitted  a  message  "in  writing"  and  discontinued  the 
practice  of  making  addresses  in  person.  From  1801  to  1913  all  mes- 
sages were  sent  in  writing  (V,  6629),  but  President  Wilson  resumed 
the  custom  of  making  addresses  in  person  on  April  8,  1913,  and,  with 
the  exception  of  President  Hoover  (VIII,  3333),  the  custom  has  been 
followed  generally  by  subsequent  Presidents. 

SEC.    XI. COMMITTEES. 

Standing  committees,  as  of  Privileges  and  Elec- 
§3i7.  Appoint-  tions,  &c.,  are  usually  appointed  at  the 
first  meeting,  to  continue  through  the 
session.  The  person  first  named  is 
thereof.  generally  permitted  to  act  as  chairman. 

But  this  is  a  matter  of  courtesy;  every  committee 
having  a  right  to  elect  their  own  chairman,  who  pre- 
sides over  them,  puts  questions,  and  reports  their  pro- 
ceedings to  the  House.  4  inst.,  11,  12;  Scob.,  9;  1 
Grey,  122. 

Prior  to  the  Sixty-second  Congress,  standing  as  well  as  select  commit- 
tees and  their  chairmen  were  appointed  by  the  Speaker,  but  under  the 
present  form  of  Bule  X,  adopted  in  1911  and  continued  as  a  part  of  the 
Legislative  Reorganization  Act  of  1946,  committees  and  their  respective 
chairmen  are  elected  by  the  House  (IV,  4448;  VIII,  2178).  Owing 
to  their  number  and  size,  committees  are  not  usually  elected  immedi- 
ately, but  resolutions  providing  for  such  elections  are  presented  by 
the  majority  and  minority  parties  as  soon  as  they  are  able  to  perfect 
the  lists.  A  committee  may  order  its  report  to  be  made  by  the  chair- 
man, or  by  some  other  member  (IV,  4669) 3  even  by  a  member  of  the 
minority  party  (IV,  4672,  4673),  or  by  a  delegate,  July  1,  1958  (Burns 
of  Hawaii)  p.  12871;  and  the  chairman  sometimes  submits  a  report 
in  which  he  has  not  concurred  (IV,  4670;  see  also  §  735). 

[139] 


JEFFERSON'S  MANUAL 

{}  318-320. 

At  these  committees  the  members  are  to  speak 
standing,  and  not  sitting;  though  there 

§  318.  Partia-  c*/  .  .  .  />  .. 

mentaryiawaaio      {s  reason  to  conjecture  it  was  formerly 
SSi*"**     otherwise.    D'Ewes,  680,  col.  1;  4  Parl 

committees.  gfa^  J^Q.  %  fJatS.,   77. 

Their  proceedings  are  not  to  be  published,  as  they 

3w  secrecy  of       are  ojf  G0  force  *^  confirmed  by  the 
70 


HOUSQ.    Rushw.,  part  3,  vol.  2,  74;  8 
Grey,  401;  Scob.,  39.  *  *  * 

In  the  House  of  Representatives  it  is  entirely  within  rule  and  usage 
for  a  committee  to  conduct  its  proceedings  in  secret  (IV,  455&-4564; 
56e  also  §  735),  and  the  House  itself  may  not  abrogate  the  secrecy  of 
a  committee's  proceedings  except  by  suspending  the  rule  (IV,  4565). 
The  House  has  no  information  concerning  the  proceedings  of  a  com- 
mittee not  officially  reported  by  the  committee  (VII,  1015)  and  it  is 
not  in  order  in  debate  to  refer  to  proceedings  of  a  committee  which 
have  not  formally  been  reported  to  the  House  (V,  5080-5083;  VIII, 
2269,  2485,  2493,  June  24,  1958,  p.  12120,  12122).  A  member  was, 
however,  permitted  to  refer  to  the  unreported  proceedings  of  a  sub- 
committee to  justify  his  point  of  order  that  a  resolution  providing  for 
a  select  committee  to  inquire  into  action  of  the  subcommittee  was  not 
privileged  (June  30,  1958,  p.  12690-91).  In  one  case  the  House 
authorized  the  clerk  of  a  committee  to  disclose  by  deposition  its  pro- 
ceedings (III,  2604).  Where  a  committee  takes  testimony  it  is  some- 
times very  desirable  that  the  proceedings  be  secret  (III,  1694),  as  in 
the  investigation  in  the  Bank  of  the  United  States  in  1834,  when  the 
committee  determined  that  its  proceedings  should  be  confidential,  not 
to  be  attended  by  any  person  not  invited  or  required  (III,  1732).  It 
is  for  the  committee  to  determine,  in  its  discretion,  whether  the  pro- 
ceedings of  the  committee  shall  be  open  or  not  (§  735).  Thus,  in  the 
case  of  Roberts,  the  committee  permitted  its  meetings  to  be  attended  by 
the  public,  and  allowed  its  proceedings  to  be  published  (I,  475,  footnote)  . 

Under  Kule  XI,  cl.  26  (g),  all  hearings  conducted  by  standing  com- 
mittees shall  be  open  to  the  public,  except  executive  sessions  for 
marking  up  bills  or  for  voting  or  where  the  committee  by  a  majority 
vote  orders  an  executive  session. 


5320.  Reception  *  *  Nor  can  they  receive  a  peti- 

tion  but  through  the  House.     9  Grey, 
412. 


[140] 


JEFFERSON'S 

§§  321-323. 

When  a  committee  is  charged  with  an  inquiry,  if  a 
§32i.  Puma-  Member  prove  to  be  involved,  they  can 

not  proceed  against  him,  but  must  make 
a  special  report  to  the  House;  where- 
upon  the  Member  is  heard  in  his  place, 
or  at  the  bar,  or  a  special  authority  is  given  to  the 
committee  to  inquire  concerning  him.  9  Grey,  523. 

While  the  authority  of  this  principle  has  not  been  questioned  by  the 
5  322.  Practice  House,  there  have  in  special  instances  been  deviations 

of  House  when  a  from  it.  Thus,  in  1832,  when  a  Member  had  been 
committee  inquiry  slain  in  a  duel,  and  the  fact  was  notorious  that  all  the 
involves  a  principals  and  seconds  were  Members  of  the  House, 

the  committee,  charged  only  with  investigating  the 
causes  and  whether  or  not  there  had  been  a  breach  of  privilege,  reported 
with  their  findings  recommendations  for  expulsion  and  censure  of  the 
Members  found  to  be  implicated.  There  was  criticism  of  this  method 
of  procedure  as  deviating  from  the  rule  of  Jefferson's  Manual,  but  the 
House  did  not  recommit  the  report  (II,  1644) .  In  1857,  when  a  com- 
mittee charged  with  inquiring  into  accusations  against  Members  not 
named  found  certain  Members  implicated,  they  gave  them  copies  of 
the  testimony  and  opportunities  to  explain  to  the  committee,  under 
oath  or  otherwise,  as  they  individually  might  prefer  (III,  1845),  but 
reported  recommendations  for  expulsion  without  first  seeking  the  order 
of  the  House  (II,  1275;  III,  1844).  In  1859  and  1892  a  similar  pfoce- 
dure  occurred  (III,  1831,  2637) .  But  the  House,  in  a  case  wherein  an  in- 
quiry had  incidentally  involved  a  Member,  evidently,  considered  the 
parliamentary  law  as  applicable,  since  it  admitted  as  of  privilege  and 
agreed  to  a  resolution  directing  the  committee  to  report  the  charges 
(III,  1843).  And  in  cases  wherein  testimony  taken  before  a  joint 
committee  incidentally  impeached  the  official  characters  of  a  Member 
and  a  Senator,  the  facts  in  each  case  were  reported  to  the  House  in- 
terested (III,  1854). 

And  where  one  House,  by  its  committee,  has  found  a  Member  of  the 
§  323  inquiries  other  implicated,  the  testimony  has  been  transmitted 

involving  (II,  1276;  III,  1850,  1852,  1853).  Where  such  testi- 

M embers  of  mony  was  taken  in  open  session  of  the  committee,  it 

other  House.  was  no^  thought  necessary  that  it  be  under  seal 

when  sent  to  the  other  House  (III,  1851). 

[141] 


JEITORSON'S  3f  ANTJAL 

§5324,325. 

So  soon  as  the  House  sits,  and  a  committee  is  noti- 
5  3M.  Duty  of  &ed  of  it,  the  chairman  is  in  duty  bound 
chairman  of  a  to  ^  instantly,  and  the  members  to 

committee  when  •". 

fee  House  si*.        attend  the  service  01  tne  House.    # 


.,  919. 

Rule  XI  provides  that  the  Committee  on  Government  Operations, 
the  Committee  on  Rules  and  the  Committee  on  Un-American  Activ- 
ities may  sit,  without  special  leave,  during  the  sitting  of  the  House 
(§  739).  Leave  for  a  committee  to  sit  during  sessions  of  the  House 
does  not  release  its  members  from  liability  to  arrest  during  a  call  of  the 
House  (IV,  3020)  .  A  request  that  a  committee  have  leave  to  sit  during 
sessions  of  the  House  has  no  privileged  status  in  the  order  of  business, 
and  may  be  prevented  by  a  single  objection  (IV,  4547)  . 

It  appears  that  on  joint  committees  of  the  Lords 
§325.  Action  of  ^d  Commons  each  committee  acted 
joint  committees,  integrally  in  the  following  instances:  7 
Grey,  261,  278,  285,  338;  1  Chandler,  857,  4-62.  In  the 
following  instances  it  does  not  appear  whether  they 
did  or  not:  6  Grey,  129;  7  Grey,  213,  229,  321. 

I^is  the  practice  in  Congress  that  joint  committees  shall  vote  per 
capita,  and  not  as  representatives  of  the  two  Houses  (IV,  4425), 
although  the  membership  from  the  House  of  Representatives  is  usually, 
but  not  always  (IV,  4410),  larger  than  that  from  the  Senate  (III,  1946; 
IV,  4426-4431).  But  ordinary  committees  of  conference  appointed  to 
settle  differences  between  the  two  Houses  are  not  considered  joint 
committees,  and  the  managers  of  the  two  Houses  vote  separately  (V, 
6336).  A  quorum  of  a  joint  committee  seems  to  have  been  considered 
to  be  a  majority  of  the  whole  number  rather  than  a  majority  of  the 
membership  of  each  House  (IV,  4424).  The  first  named  of  the  Senate 
members  acted  as  chairman  in  one  notable  instance  (IV,  4424),  and 
in  another  the  joint  committee  elected  its  chairman  (IV,  4447)  . 


[142] 


JEFFERSON'S  MANUAL 

§326. 
SEC.    XII. — COMMITTEE    OF   THE   WHOLE. 

The  speech,  messages,  and  other  matters  of  great 
5326.  Pariia-  concernment  are  usually  referred  to  a 

ZSZS5  Committee  of  the  Whole  House  (6  Grey, 
the  moie.  Sll},  where  general  principles  are  di- 

gested in  the  form  of  resolutions,  which  are  debated 
and  amended  till  they  get  into  a  shape  which  meets 
the  approbation  of  a  majority.  These  being  reported 
and  confirmed  by  the  House  are  then  referred  to  one 
or  more  select  committees,  according  as  the  subject 
divides  itself  into  one  or  more  bills.  Scob.,  86,  44- 
Propositions  for  any  charge  on  the  people  are  espe- 
cially to  be  first  made  in  a  Committee  of  the  Whole. 
S  Hats.,  127.  The  sense  of  the  whole  is  better  taken 
in  committee,  because  in  all  committees  everyone 
speaks  as  often  as  he  pleases.  Scob.,  49.  *  *  * 

This  provision  is  largely  obsolete,  the  House  of  Representatives 
having  by  its  rules  and  practice  provided  specifically  for  procedure  in 
Committee  of  the  Whole,  and  having  also  by  its  rules  for  the  order  of 
business  left  no  privileged  status  for  motions  to  go  into  Committee  of 
the  Whole  on  matters  not  already  referred  to  that  committee.  The 
Committee  of  the  Whole  no  longer  originates  resolutions  or  bills,  but 
receives  such  as  have  been  formulated  by  standing  or  select  committees 
and  referred  to  it;  and  when  it  reports,  the  House  usually  acts  at  once 
on  the  report  without  reference  to  select  or  other  committees  (IV,  4705). 
The  only  survival  of  the  parliamentary  usage  is  the  practice  of  referring 
annual  messages  of  the  President  to  Committee  of  the  Whole,  to  be 
there  considered  and  reported,  with  recommendations  for  the  refer- 
ence of  the  various  portions  to  the  proper  standing  or  select  com- 
mittees (V,  6621,  6622).  Executive  communications  submitted  to 
implement  the  proposals  contained  in  the  State  of  the  Union  Mes- 
sage are  referred  by  the  Speaker  to  the  various  committees  having 
jurisdiction  over  the  subject  matter  therein. 

[143] 


JEFFERSON'S  MANUAL 

55327-329. 

*  *    *    They  generally  acquiesce  in  the  chair- 
1 327.  sdcc«on       man  named  by  the  Speaker;  but,  as 
ofciiinnanof        w^  ^s  ^  other  committees,  have  a 

Committee  of  the 

whole,  right  to  elect  one,  some  member,  by 

consent,  putting  the  question.    Scob.,  86;  3  Grey, 
SOL    *    *    * 

The  House  of  Representatives  (by  Rule  XXIII,  cl.  1)  gives  the 
authority  to  appoint  the  Chairmen  of  the  Committee  of  the  Whole  to 
the  Speaker  (IV,  4704). 

*  *    *    The  form  of  going  from  the  House  into 
i  828.  Form  of        committee,   is   for    the    Speaker,    on 
o^nutoeofthe     motion,  to  put  the  question  that  the 
whole.  House  do  now  resolve  itself  into  a 
Committee  of  the  Whole  to  take  into  consideration 
such  a  matter,  naming  it.    If  determined  in  the 
affirmative,  he  leaves  the  chair  and  takes  a  seat 
elsewhere,  as  any  other  Member;  and  the  person 
appointed  chairman  seats  himself  at  the  Clerk's 
table.    Scob.,  36.    *    *    * 

This  is  the  form  in  the  House  of  Representatives,  except  that  the 
Chairman  of  the  Committee  of  the  Whole  seats  himself  in  the  Speaker's 
chair. 

*  *    *    Their  quorum  is  the  same  as  that  of  the 
§329.  Quorum  in      House;  and  if  a  defect  happens,  the 
committee  of  the      chairman,  on  a  motion  and  question, 

Whole.  •  ji         m         i  ,  , 

rises,  the  Speaker  resumes  the  chair 
and  the  chairman  can  make  no  other  report  than 
to  inform  the  House  of  the  cause  of  their  dissolu- 
tion. *  *  * 


[144] 


JEFFEESON-'S  MA3STUAL 

§§  330,  331. 

Until  1890  the  quorum  of  the  Committee  of  the  Whole  of  the  House 
of  Representatives  was  the  same  as  the  quorum  of  the  House;  but  in 
1890  the  rule  (XXIII,  cl.  2)  fixed  it  at  one  hundred  (IV,  2966).  The 
same  rule  provides  specifically  the  procedure  in  case  of  failure  of  a 
quorum. 

*  *  *  If  a  message  is  announced  during  a 
§330.  Rising  of  committee,  the  Speaker  takes  the  chair 
^Jut^f*  and  receives  it,  because  the  ftOTnTmtt.ee 

messages.  can  not.        g  HdlS.,  125,  126. 

In  the  House  of  Representatives  the  committee  rises  informally  to 
receive  a  message,  without  question  being  put  (IV,  4786,  footnote) ;  but 
at  this  rising  the  House  may  not  have  the  message  read  or  transact 
other  business  except  by  unanimous  consent  (IV,  4787-4791). 

In  a  Committee  of  the  Whole,  the  tellers  on  a  divi- 
5331.  Quarrels  sion  differing  as  to  numbers,  great  heats 
and  confusion  arose,  and  danger  of  a  de- 
cision  by  the  sword.  The  Speaker  took 
relation  thereto.  the  chair,  the  mace  was  forcibly  laid  on 
the  table;  whereupon  the  Members  retiring  to  their 
places,  the  Speaker  told  the  House  "he  had  taken  the 
chair  without  an  order  to  bring  the  House  into  order." 
Some  excepted  against  it;  but  it  was  generally  ap- 
proved as  the  only  expedient  to  suppress  the  disorder. 
And  every  Member  was  required,  standing  up  in  his 
place,  to  engage  that  he  would  proceed  no  further  in 
consequence  of  what  had  happened  in  the  grand  com- 
mittee, which  was  done.  S  Grey,  128. 

In  the  House  of  Representatives  the  Speaker  has  on  several  occasions 
taken  the  chair  "without  an  order  to  bring  the  House  into  order"  (II, 
1648-1653),  but  that  being  accomplished  he  may  yield  to  the  chairman 
that  the  committee  may  rise  in  due  form  (II,  1349).  In  one  instance,  a 
Member  having  defied  and  insulted  the  chairman,  he  left  the  chair,  and, 

[145] 


S  MANUAL 

55332,333. 

on  the  chair  being  taken  by  the  Speaker,  reported  the  facts  to  the  House 
(II,  1653).  In  several  cases  Members  who  have  quarrelled  have  made 
explanation  and  reconciled  their  difficulties  (II,  1651),  or  have  been 
compelled  by  the  House  to  apologize  "for  violating  its  privilege  and 
offending  its  dignity"  (II,  1648,  1650). 
In  the  House  of  Eepresentatives  one-fifth  of  a  quorum  orders  tellers. 

A  Committee  of  the  Whole  being  broken  up  in 
disorder,  and  the  chair  resumed  by  the 

5  332.  Effect  of  '  11         -re- 

breaking up  of         Speaker  without  an  order,  the  House 

Committee  of  the  r  ..  .,         ,—,  ,  - 

whole  by  was  adjourned.    The  next   day   the 

******'  committee  was  considered  as  thereby 

dissolved,  and  the  subject  again  before  the  House; 
and  it  was  decided  in  the  House,  without  returning 
into  committee.  S  Grey,  ISO. 

This  provision  is  obsolete,  since  in  the  practice  of  the  House  of  Repre- 
sentatives there  are  but  two  committees  of  the  whole,  which  are  in  their 
nature  standing  committees,  with  calendars  of  business.  They  are 
never  dissolved,  and  bills  remain  on  their  calendars  until  reported  in 
the  regular  manner  after  consideration  (IV,  4705).  When  the  Speaker 
restores  order  he  usually  yields  the  chair  to  the  chairman,  thus  permit- 
ting the  committee  later  to  rise  in  due  form  (II,  1349). 

No  previous  question  can  be  put  in  a  committee; 
§333.  Motions  nor  can  this  committee  adjourn  as 
others  may;  but  if  their  business  is 
unfinished,  they  rise,  on  a  question, 
the  whole.  the  House  is  resumed,  and  the  chair- 
man reports  that  the  Committee  of  the  Whole  have, 
according  to  order,  had  under  their  consideration 
such  a  matter,  and  have  made  progress  therein;  but 
not  having  had  time  to  go  through  the  same,  have 
directed  him  to  ask  leave  to  sit  again.  Whereupon 
a  question  is  put  on  their  having  leave,  and  on  the 

[146] 


JEFFERSON'S 

§$  334,  335. 

time  the  House  will  again  resolve  itself  into  a  com- 
mittee. Scob.,  88.  But  if  they  have  gone  through 
the  matter  referred  to  them,  a  member  moves  that 
§334.  Puma-  "fc^le  committee  may  rise,  and  the  chair- 

man  report  their  proceedings  to  the 
House;  which  being  resolved,  the  chair- 
man  rises,  the  Speaker  resumes  the 
chair,  the  chairman  informs  him  that  the  committee 
have  gone  through  the  business  referred  to  them,  and 
that  he  is  ready  to  make  report  when  the  House  shall 
think  proper  to  receive  it.  If  the  House  have  time 
to  receive  it,  there  is  usually  a  cry  of  "now,  now," 
whereupon  he  makes  the  report;  but  if  it  be  late,  the 
cry  is  "to-morrow,  to-morrow,"  or  "Monday,"  etc., 
or  a  motion  is  made  to  that  effect,  and  a  question  put 
that  it  be  received  to-morrow,  &c.  Scob.,  38. 

In  the  practice  of  the  House  the  previous  question  and  motion  to 
adjourn  are  not  admitted  in  Committee  of  the  Whole;  but  the  rules 
(XXIII,  cl.  5,  6)  provide  for  closing  both  the  general  and  five-minute 
debate.  When  the  committee  rises  without  concluding  a  matter  the 
chairman  reports  that  they  "have  come  to  no  resolution  thereon;" 
but  leave  to  sit  again  is  not  asked  in  the  modern  practice.  Nor  is 
permission  of  the  House  asked  when  the  chairman  reports  a  matter 
concluded  in  committee.  The  report  is  made  and  received  as  a  matter 
of  course,  and  is  thereupon  before  the  House  for  action. 

The  Speaker  recognizes  only  reports  from  the  Committee  of  the 
§335  Duties  of  Whole  made  by  the  chairman  thereof  (V,  6987), 

Speaker  and  House  and  a  matter  alleged  to  have  arisen  therein  but  not 
as  to  reception  of  reported  may  not  be  brought  to  the  attention  of 
reports  of  Com-  the  House  (VIII,  2429,  2430)  even  on  the  claim  that 

mittee  of  the  Whole.  ft  question  of  priviiege  is  involved  (IV,  4912;  V, 
6987;  VIII,  2430).  In  one  instance,  however,  the  committee  reported 
with  a  bill  a  resolution  relating  to  an  aUeged  breach  of  privilege  (V, 
When  a  bill  is  reported  the  Speaker  must  assume  that  it  has 

[147] 


JEFFERSON'S  MANUAL 
ft  336.  837. 

passed  through  all  the  stages  necessary  for  the  report  (IV,  4916). 
When  the  committee  reported  not  only  what  it  had  done  but  by  whom 
it  had  been  prevented  from  doing  other  things,  the  Speaker  held  that 
the  House  might  not  amend  the  report,  which  stood  (IV,  4909).  But 
a  committee  may  not  report  a  recommendation  which,  if  carried  into 
effect,  would  change  a  rule  of  the  House  (IV,  4907,  4908).  When  an 
amendment  is  reported  by  the  committee  it  may  not  be  withdrawn, 
and  a  question  as  to  its  validity  is  not  considered  by  the  Speaker  (IV, 
4900).  When  a  committee,  directed  by  order  of  the  House  to  consider 
certain  bills,  reported  also  certain  other  bills,  the  Speaker  held  that  so 
much  of  the  report  as  related  to  the  latter  bills  could  be  received  only 
by  unanimous  consent  (IV,  4911).  When  a  report  is  ruled  out  as  in 
excess  of  the  committee's  power,  the  accompanying  bill  stands  recom- 
mitted (IV,  4784,  4907).  A  report  from  a  Committee  of  the  Whole 
may  not  be  received  in  the  absence  of  a  quorum  (VI,  666).  The 
Committee  of  the  Whole,  like  any  other  committee,  may  amend  a 

proposition  either  by  an  ordinary  amendment  or 
§S36.  Amendments  by  a  substitute  amendment  (IV,  4899),  but  these 
w^r"ttee°fthe  amendments  must  be  reported  to  the  House  for 

action.  Amendments  rejected  by  the  committee 
are  not  reported  (IV,  4877).  Ordinarily  all  amendments  must  be 
disposed  of  before  the  committee  may  report  (IV,  4752-4758);  but 
sometimes  a  special  order  requires  a  report  at  a  specified  time,  in  which 
case  pending  amendments  are  reported  (IV,  3225-3228)  or  not  (IV, 
4910)  as  the  terms  of  the  order  may  direct.  The  practice  of  the  House, 
based  originally  on  a  rule  (IV,  4904),  requires  amendments  to  be 
reported  from  the  Committee  of  the  Whole  in  their  perfected  forms, 
and  this  holds  good  even  in  the  case  of  an  amendment  in  the  nature 
of  a  substitute,  which  may  have  been  amended  freely  (IV,  4900-4903). 
If  a  Committee  of  the  Whole  amend  a  paragraph  and  subsequently 
strike  out  the  paragraph  as  amended,  the  first  amendment  fails,  and 
is  not  reported  to  the  House  or  voted  on  (IV,  4898;  V,  6169;  VIII, 
2421,2426). 

All  amendments  to  a  bill  reported  from  the  Committee  of  the  Whole 

stand  on  an  equal  footing  and  must  be  voted  on  by 
LT^^Td!f  the  House  <IV>  4871>  in  th*  <*<*er  in  which  they 
ments  in  the  House.  are  reported,  although  they  may  be  inconsistent, 

one  with  another  (IV,  4881,  4882),  and  are  subject 
to  amendment  in  the  House  unless  the  previous  question  is  ordered 
(VIII,  2419).  Two  amendments  being  reported  as  distinct  were  con- 
sidered independently,  although  apparently  one  was  a  proviso  attach- 

[148] 


JEFFEKSON'S  MANUAL 

§338. 

ing  to  the  other  (IV,  4905) ;  and  an  entire  and  distinct  amendment  may 
not  be  divided,  but  must  be  voted  on  by  the  House  as  a  whole  (IV, 
4883-4892;  VIII,  2426).  It  is  a  frequent  practice  for  the  House  by 
unanimous  consent,  to  act  at  once  on  all  the  amendments  to  a  bill 
reported  from  the  Committee  of  the  Whole,  but  it  is  the  right  of  any 
Member  to  demand  a  separate  vote  on  any  amendment  (IV,  4893, 
4894;  VIII,  2419).  When  a  bill  is  reported  with  amendments,  it  is 
in  order  to  submit  additional  amendments,  but  the  first  question  is  on 
the  committee  amendments  (IV,  4872-4876) ;  but  the  opportunity  to 
debate  or  make  additional  amendments  depends  on  the  will  of  the 
House  as  expressed  on  a  motion  for  the  previous  question  (IV,  4895; 
V,  5794;  VIII,  2419).  The  fact  that  a  proposition  has  been  rejected 
by  the  Committee  of  the  Whole  does  not  prevent  it  from  being  offered 
as  an  amendment  when  the  subject  comes  up  in  the  House  (IV,  4878- 
4880;  VIII,  2700).  A  substitute  amendment  may  be  offered  to  a 
bill  reported  from  committee,  and  then  the  previous  question  may  be 
ordered  on  the  substitute,  on  all  other  amendments,  and  on  the  bill 
to  final  passage  (V,  5472).  An  amendment  in  the  nature  of  a  substi- 
tute reported  from  committee  is  treated  like  any  other  amendment 
(V,  5341),  and  if  the  House  rejects  the  substitute  the  original  bill  with- 
out amendment  is  before  the  House  (VIII,  2426) . 

Where  a  series  of  bills  are  reported  from  Committee  of  the  Whole, 
the  House  considers  them  in  the  order  in  which  they 

are     reP°rted     (IV»     4869>     4870»*     VIII»     2417)'      A 

Whoiein  the  House,  proposition  reported  for  action  has  precedence  over 
an  independent  resolution  on  the  same  subject 
offered  by  a  Member  from  the  floor  (V,  6986),  and  where  a  bill  and  a 
resolution  relating  to  an  alleged  breach  of  privilege  were  reported  to- 
gether the  question  was  put  first  on  the  bill  (V,  6986) .  A  bill  read  in 
full  and  considered  in  Committee  of  the  Whole  (IV,  3409,  3410),  or 
presumed  to  have  been  so  read  (IV,  4916),  is  not  read  in  full  again  in 
the  House  when  reported  and  acted  on.  The  Chairman  of  the  Com- 
mittee of  the  Whole  which  reports  a  bill  does  not  become  entitled  to 
prior  recognition  for  debate  in  the  House  (II,  1453) ;  but  on  an  adverse 
report  an  opponent  is  recognized  to  make  a  motion  for  disposition  of 
the  bill  (IV,  4897;  VIII,  2430),  or  for  debate  (VIII,  2629).  The  recom- 
mendation of  the  committee  being  before  the  House,  the  motion  to 
carry  out  the  recommendation  is  usually  considered  as  pending  with- 
out being  offered  from  the  floor  (IV,  4896),  but  when  a  bill  was  reported 
with  a  recommendation  that  it  lie  on  the  table,  a  question  was  raised 


62581°— H.  Doc.  459,  86-2 11      [149] 


MANUAL 

H839-342. 

as  to  whether  or  not  this  motion,  which  prevents  debate,  should  be 
considered  as  pending  (IV,  4897). 

A  motion  to  discharge  the  Committee  of  the  Whole  from  the  con- 
sideration of  a  matter  committed  to  it  is  not  priv- 
5339.  Discharge  of      jjege(j  ^g  against  a  demand  for  the  regular  order 
the  Committee  of  the  ^  491^     When  the  committee  is   discharged 
Whoie*  from  consideration  of  a  bill  the  House,  in  lieu  of 

the  report  of  the  chairman,  accepts  the  minutes  of  the  Clerk  as  evidence 
of  amendments  agreed  to  (IV,  4922). 

IMO.  Application  In  other  things  the  rules  or  proceed- 
aSeTo?t£  ings  are  to  be  the  same  as  in  the 
whole.  House.  Scob.,  89. 

The  House  of  Representatives  provides  by  rule  (XXIII,  cl.  8)  that  the 
rules  of  proceeding  in  the  House  shall  apply  in  Committee  of  the  Whole 
so  far  as  they  may  be  applicable. 

SEC.  XIII.  —  EXAMINATION  OF  WITNESSES. 

Common  fame  is  a  good  ground  for  the  House  to 

GHnmon        proceed  by  inquiry,  and  even  to  accusa- 

fame  ^  ground        tion.    Resolution  House  of  Commons, 

fcrinvestfcation. 


Grey,  16-22,  9$;  8  Grey,  81,  23,  27,  45. 

In  the  House  of  Representatives  common  fame  has  been  held  suffi- 
cient to  justify  procedure  for  inquiry  (III  2701),  as  in  a  case  wherein  it 
was  stated  on  the  authority  of  "common  rumor"  that  a  Member  had 
been  menaced  (III,  2678).  The  House  also  has  voted  to  investigate 
with  a  view  to  impeachment  on  the  basis  of  common  fame,  as  in  the 
cases  of  Judges  Chase  (III,  2342),  Humphreys  (III,  2385),  and  Durell 
(IE,  2506). 

§s42.Theproduc.        Witnesses  are  not  to  be  produced 
uon  of  witnesses  at    but  where  the  House  has  previously 

an  Inquiry.  .  " 

instituted  an  inquiry,  2  Hats.,  102, 
nor  then  are  orders  for  their  attendance  given  blank. 
S  Gr&y,  51. 

[150] 


JEFFERSON'S 

§343. 

In  the  House  of  Representatives  witnesses  are  summoned  in  pursu- 
ance and  by  virtue  of  the  authority  conferred  on  a  committee  by  the 
House  to  send  for  persons  and  papers  (III,  1750) .  Even  in  cases  where- 
in the  rules  give  to  certain  committees  the  authority  to  investigate 
without  securing  special  permission,  authority  must  be  obtained 
before  the  production  of  testimony  may  be  compelled  (IV,  4316). 
The  rules  require  that  subpoenas  be  signed  by  the  Speaker  (Rule  I, 
cl.  4)  and  attested  and  sealed  by  the  Clerk  (Rule  III,  cl.  3).  Some- 
times the  House  authorizes  issue  of  subpoenas  during  a  recess  of  Con- 
gress and  empowers  the  Speaker  to  sign  them  (III,  1806),  and  in  one 
case  the  two  Houses,  by  concurrent  resolution,  empowered  the  Vice- 
President  and  Speaker  to  sign  during  a  recess  (III,  1763).  (See  Barry 
v.  U.  S.  ex.  rel.  Cunningham,  279  U.  S.,  597;  McGrain  v.  Daugherty, 
273  U.  S.,  135;  Sinclair  v.  United  States,  279  U.  S.,  263). 

When  any  person  is  examined  before  a  committee 
§  343.  Examination  or  at  the  bar  of  the  House,  any  Member 
1^^^!  wishing  to  ask  the  person  a  question 
*****-  must  address  it  to  the  Speaker  or  chair- 

man, who  repeats  the  question  to  the  person,  or  says 
to  him,  "You  hear  the  question — answer  it."  But 
if  the  propriety  of  the  question  be  objected  to,  the 
Speaker  directs  the  witness,  counsel,  and  parties  to 
withdraw;  for  no  question  can  be  moved  or  put  or 
debated  while  they  are  there.  2  Hats.,  108.  Some- 
times the  questions  are  previously  settled  in  writing 
before  the  witness  enters.  Ib.,  106,  107;  8  Grey,  64- 
The  questions  asked  must  be  entered  in  the  journals. 
3  Grey,  81 .  But  the  testimony  given  in  answer  before 
the  House  is  never  written  down;  but  before  a  com- 
mittee, it  must  be,  for  the  information  of  the  House, 
who  are  not  present  to  hear  it.  7  Grey,  52,  884- 

The  Committee  of  the  Whole  of  the  House  of  Representatives  was 
charged  with  an  investigation  in  1792,  but  the  procedure  was  wholly 

[151] 


JEFFEKSON'S  MANUAL 

|5  344,  345. 

exceptional  (III,  1804),  although  a  statute  still  empowers  the  Chairman 
of  the  Committee  of  the  Whole,  as  well  as  the  Speaker,  chairmen  of 
select  or  standing  committees,  and  Members  to  administer  oaths  to 
witnesses  (2  U.  S.  C.  191;  III,  1769).  Most  inquiries,  in  the  modern 
practice,  are  conducted  by  select  or  standing  committees,  and  these 
in  each  case  determine  how  they  will  conduct  examinations  (III,  1773, 
1775).  Clause  26,  Rule  XI,  contains  provisions  governing  certain 
procedures  at  investigative  hearings  by  committees  (§  735).  In  one 
case  a  committee  permitted  a  Member  of  the  House  not  of  the  com- 
mittee to  examine  a  witness  (III,  2403).  Usually  these  investigations 
are  reported  stenographically,  thus  making  the  questions  and  answers 
of  record  for  report  to  the  House.  To  sustain  a  conviction  of  perjury 
a  quorum  of  a  committee  must  be  in  attendance  when  the  testimony 
is  given  (Christoffel  v.  U.  S.,  338  U.  S.,  84;  U.  S.  v.  Bryan,  339  U.  S.,  323) . 
The  House,  in  its  earlier  years,  arraigned  and  tried  at  its  bar  persons, 
§344.  Earlier  and  not  Members,  charged  with  violation  of  its  privileges, 
later  practice  as  to  as  in  the  cases  of  Randall,  Whitney  (II,  1599-1603), 
inquiries  at  the  bar  Anderson  (II,  1606),  and  Houston  (II,  1616);  but  in 
of  the  House.  ^e  case  of  Woods,  charged  with  breach  of  privilege 

in  1870  (II,  1626-1628),  the  respondent  was  arraigned  before  the  House, 
but  was  heard  in  his  defense  by  counsel  and  witnesses  before  a  standing 
committee.  At  the  conclusion  of  that  investigation  the  respondent  was 
brought  to  the  bar  of  the  House  while  the  House  voted  his  punishment 
(II,  1628).  The  House  also  arraigns  at  its  bar  contumacious  witnesses 
before  taking  steps  to  punish  by  its  own  action  or  through  the  courts 
(III,  1685).  In  examinations  at  its  bar  the  House  has  adopted  forms 
of  procedure  as  to  questions  (II,  1633,  1768),  providing  that  they  be 
asked  through  the  Speaker  (II,  1602,  1606)  or  by  a  committee  (II, 
1617;  III,  1668).  And  the  questions  to  be  asked  have  been  drawn  u^ 
by  a  committee,  even  when  put  by  the  Speaker  (II,  1633).  In  the 
earHer  practice  the  answer  of  a  witness  at  the  bar  was  not  written  down 
(IV,  2874) ;  but  in  the  later  practice  the  answers  appear  in  the  Journal 
(III,  1668).  The  person  at  the  bar  withdraws  while  the  House  passes 
on  an  incidental  question  (II,  1633;  III,  1768).  (See  McGrain  v. 
Daugherty,  273  U.  S.  135;  Barry  v.  U.  S.  ex.  rel.  Cunningham,  279 
U.  S.,  597;  Jurney  v.  MacCracken,  294  U.  S.,  125). 

If  either  House  have  occasion  for  the  presence  of  a 
§345.  procuring        person  in  custody  of  the  other,  they  ask 

attendance  of  a  wit-       ,,  ,  .      .       -  *  *7 

ness  in  custody  of  txie  o  tiler  their  leave  that  he  may  be 
theotherHo.se.  brought  up  to  them  in  custody.  8 
Hats.,  52. 

E152] 


JEFFERSON'S 

§§  346,  347. 

A  Member,  in  his  place,  gives  information  to  the 
$  346.  Members  w  House  of  what  he  knows  of  any  matter 
witne*«*.  under  hearing  at  the  bar.  Jour.  H.  of 

C.n  Jan.  22.  17U-6. 

At  an  examination  at  the  bar  of  the  House  in  1795  both  the  written 
information  given  by  Members  and  their  verbal  testimony  were  re- 
quired to  be  under  oath  (II,  1602) .  In  a  case  not  of  actual  examination 
at  the  bar,  but  wherein  the  House  was  deliberating  on  a  proposition 
to  order  investigation,  it  demanded  by  resolution  that  certain  Members 
produce  papers  and  information  (III,  1726,  1811).  Members  often 
give  testimony  before  committees  of  investigation,  and  in  at  least  one 
case  the  Speaker  has  thus  appeared  (III,  1776).  But  in  a  case  wherein 
a  committee  summoned  a  Member  to  testify  as  to  a  statement  made 
by  him  in  debate  he  protested  that  it  was  an  invasion  of  his  constitu- 
tional privilege  (III,  1777,  1778;  also  see  House  Report  1372,  67th 
Cong.,  4th  sess.,  and  Congressional  Record,  Jan.  25,  1923,  pp.  2415- 
2423).  In  one  instance  the  chairman  of  an  investigating  committee 
administered  the  oath  to  himself  and  testified  (III,  1821).  The  House, 
in  an  inquiry  preliminary  to  an  impeachment  trial,  gave  leave  to  its 
managers  to  examine  Members,  and  leave  to  its  Members  to  attend 
for  that  purpose  (III,  2033). 

Either  House  may  request,  but  not  command,  the 
§347.  Method  of  attendance  of  a  Member  of  the  other. 
SS££X  They  ^e  to  make  the  request  by 
other  House.  message  of  the  other  House,  and  to 

express  clearly  the  purpose  of  attendance,  that  no 
improper  subject  of  examination  may  be  tendered 
to  him.  The  House  then  gives  leave  to  the  Member 
to  attend,  if  he  choose  it;  waiting  first  to  know  from 
the  Member  himself  whether  he  chooses  to  attend, 
till  which  they  do  not  take  the  message  into  consider- 
ation. But  when  the  peers  are  sitting  as  a  court  of 
criminal  judicature,  they  may  order  attendance, 


[153] 


'S  MANTJAZ. 

$348. 

unless  where  it  be  a  case  of  impeachment  by  the 
Commons.  There  it  is  to  be  a  request.  3  Hats.,  17; 
9  Grey,  806,  406;  10  Grey,  133. 

The  House  of  Representatives  and  the  Senate  have  observed  this 
rule;  but  it  does  not  appear  that  they  have  always  made  public  ascer- 
tainment of  the  willingness  of  the  Member  to  attend  (III,  1790,  1791). 
In  one  case  the  Senate  laid  aside  pending  business  in  order  to  comply 
with  the  request  of  the  House  (III,  1791).  In  several  instances  House 
committees,  after  their  invitations  to  Senators  to  appear  and  testify 
had  been  disregarded,  have  issued  subpoenas.  In  such  cases  the 
Senators  have  either  disregarded  the  subpcenas,  refused  to  obey  them, 
or  have  appeared  under  protest  (III,  1792,  1793).  In  one  case,  after 
a  Senator  had  neglected  to  respond  either  to  an  invitation  or  a  sub- 
poena the  House  requested  of  the  Senate  his  attendance  and  the  Senate 
disregarded  the  request  (III,  1794).  Where  Senators  have  responded 
to  invitations  of  House  committees,  their  testimony  has  been  taken 
without  obtaining  consent  of  the  Senate  (III,  1793,  1795,  footnote). 

Counsel  are  to  be  heard  only  on  private,  not  on 
5  348.  Admission  of  public,  bills  and  on  such  points  of  law 
counsel.  onjy  ^  fo^  House  shall  direct.  10 

Grey,  61. 

In  1804  the  House  admitted  the  counsel  of  certain  corporations  to 
address  the  House  on  pending  matters  of  legislation  (V,  7298) ,  and  in 
1806  voted  that  a  claimant  might  be  heard  at  the  bar  (V,  7299) ;  but 
in  1808,  after  consideration,  the  House  by  a  large  majority  declined  to 
follow  again  the  precedent  of  1804  (V,  7300) .  In  early  years  counsel 
in  election  cases  were  heard  at  the  bar  at  the  discretion  of  the  House 
(I,  657,  709,  757,  765) ;  but  in  1836,  after  f ull  discussion,  the  practice 
was  abandoned  (I,  660),  and,  with  one  exception  in  1841  (I,  659),  has 
not  been  revived,  even  for  the  case  of  a  contestant  who  could  not  speak 
the  English  language  (I,  661) .  Counsel  appear  before  committees  in 
election  cases,  however.  Where  witnesses  and  others  have  been 
arraigned  at  the  bar  of  the  House  for  contempt,  the  House  has  usually 
permitted  counsel  (II,  1601,  1616;  III,  1667),  sometimes  under  condi- 
tions (II,  1604,  1616) ;  but  in  a  few  cases  has  declined  the  request  (II, 
1608;  III,  1666,  footnote).  In  investigations  before  committees 
counsel  usually  have  been  admitted  (III,  1741,  1846,  1847),  sometimes 
even  to  assist  a  witness  (III,  1772),  and  Clause  26,  Rule  XI,  of  the 
House  now  provides  that  witnesses  at  investigative  hearings  may  be 

[154] 


S  MANUAL 

§849. 

accompanied  by  their  own  counsel  for  the  purpose  of  advising  them 
concerning  their  constitutional  rights  (§  735).  In  examinations  pre- 
liminary to  impeachment  counsel  usually  have  been  admitted  (III, 
1736,  2470,  2516)  unless  in  cases  wherein  such  proceedings  were  ex 
parte. 

At  one  time  the  House  required  all  counsel  or  agents  representing 
persons  or  corporations  before  committees  to  be  registered  with  the 
Clerk  (III,  1771).  The  Legislative  Reorganization  Act  of  1946 
requires  all  lobbyists  to  register  with  the  Clerk  of  the  House  and  the 
Secretary  of  the  Senate  (2  U.  S.  C.  267). 

SEC.    XIV. ARRANGEMENT  OF   BUSINESS. 

The  Speaker  is  not  precisely  bound  to  any  rules 
*o,«  **  ^  as  to  what  bills  or  other  matter  shall 

§  349.  Advantages 

of  an  order  of          be  first  taken  up;  but  it  is  left  to  his 
usmess.  ^^^  discretion,  unless  the  House  on  a 

question  decide  to  take  up  a  particular  subject. 
Hakew.,  136. 

A  settled  order  of  business  is,  however,  necessary 
for  the  government  of  the  presiding  person,  and  to 
restrain  individual  Members  from  calling  up  favorite 
measures,  or  matters  under  their  special  patronage, 
out  of  their  just  turn.  It  is  useful  also  for  directing 
the  discretion  of  the  House,  when  they  are  moved  to 
take  up  a  particular  matter,  to  the  prejudice  of  others, 
having  priority  of  right  to  their  attention  in  the 
general  order  of  business. 

#  *  *  *  * 

In  this  way  we  do  not  waste  our  time  in  debating 
what  shall  be  taken  up.  We  do  one  thing  at  a  time; 
follow  up  a  subject  while  it  is  fresh,  and  till  it  is 
done  with;  clear  the  House  of  business  gradatim  as 

[155] 


JEFFERSON'S  MANUAL 

8050. 

it  is  brought  on,  and  prevent,  to  a  certain  degree,  its 
immense  accumulation  toward  the  close  of  the 
session. 

Jefferson  gave  as  a  part  of  his  comment  on  the  law  of  Parliament  the 
order  of  business  in  the  Senate  in  his  time.  Both  in  the  House  and  Sen- 
ate the  order  of  business  has  been  changed  to  meet  the  needs  of  the 
times.  The  order  of  business  now  followed  in  the  House  is  established 
by  Rule  XXIV;  and  this  rule,  with  the  rules  supplemental  thereto, 
take  away  to  a  very  large  extent  the  discretion  exercised  by  the  Speaker 
under  the  parliamentary  law. 

In  the  House  of  Representatives  before  committees  are  appointed  it  is 
in  order  to  offer  a  bill  or  resolution  for  consideration  not  previously  con- 
sidered by  a  committee  (VII,  2103).  After  committees  are  appointed, 
bills  and  resolutions  not  otherwise  in  order  must  be  referred  (VII, 
2104). 

Arrangement,  however,  can  only  take  hold  of  mat- 
§  350.  conditions  ters  in  possession  of  the  House.  New 
^te^tedT  matter  may  be  moved  at  any  time 
business.  when  no  question  is  before  the  House. 

Such  are  original  motions  and  reports  on  bills.  Such 
are  bills  from  the  other  House,  which  are  received  at 
all  times,  and  receive  their  first  reading  as  soon  as  the 
question  then  before  the  House  is  disposed  of;  and 
bills  brought  in  on  leave,  which  are  read  first  when- 
ever presented.  So  messages  from  the  other  House 
respecting  amendments  to  bills  are  taken  up  as  soon 
as  the  House  is  clear  of  a  question,  unless  they  re- 
quire to  be  printed,  for  better  consideration.  Orders 
of  the  day  may  be  called  for,  even  when  another 
question  is  before  the  House. 

In  Jefferson's  time  the  principles  of  this  comment  would  have  applied 
to  both  House  and  Senate;  but  in  the  House  the  pressure  of  business  has 
become  so  great  that  the  order  of  business  may  be  interrupted  at  the  will 

[156] 


JEFFERSON"  8   MANUAL 

§§  351,  352. 

of  the  majority  only  by  certain  specified  matters  (see  annotations  fol- 
lowing Rule  XXIV).  For  matters  not  thus  specified,  interruption  of 
the  order  takes  place  only  by  unanimous  consent. 

SEC.  XV. — ORDER. 


In  Parliament,  "instances  make  order/ '  per  Speaker 
,„„.,.      Onslow.     2  Hats..  14.1.     But  what  is 

§  351.  Precedent  m  ,        _  7    _       _ . 

parliament  and  the  done  only  by  one  Parliament,  cannot 
House'  be  called  custom  of  Parliament,  by 

Prynne.     1  Grey,  52. 

In  the  House  of  Representatives  the  Clerk  is  required  to  note  all  ques- 
tions of  order  and  the  decisions  thereon  and  print  the  record  thereof  as 
an  appendix  to  the  Journal  (Rule  III,  cl.  3) ;  and  the  Speaker  feels  con- 
strained in  his  rulings  to  give  precedent  its  proper  influence  (II,  1317), 
since  the  advantages  of  such  a  course  are  undeniable  (IV,  4045).  But 
decisions  of  the  Speakers  on  questions  of  order  are  not  like  judgments 
of  courts  which  conclude  the  rights  of  parties,  but  may  be  reexamined 
and  reversed  (IV,  4637).  It  is  rare,  however,  that  such  a  reversal 
occurs. 

SEC.  XVI. — ORDER  RESPECTING  PAPERS. 

The  Clerk  is  to  let  no  journals,  records,  accounts,  or 
papers  be  taken  from  the  table  or  out  of 

§  352.  Safe  keeping        ^    ^ 

of  papers  and  his  custody.    2  Hats.,  193, 19^. 

integrity  of  bills.  -^  Prynne,  having  at  a  Committee 

of  the  Whole  amended  a  mistake  in  a  bill  without 
order  or  knowledge  of  the  committee,  was  repri- 
manded. 1  Chand.,  77. 

A  bill  being  missing,  the  House  resolved  that  a  pro- 
testation should  be  made  and  subscribed  by  the 
members  "before  Almighty  God,  and  this  honorable 
House,  that  neither  myself,  nor  any  other  to  my 

[157] 


JEFFERSON'S  MANUAL 

§§  353,  354. 

knowledge,  have  taken  away,  or  do  at  this  present 
conceal  a  bill  entitled,"  &c.    5  Grey,  202. 

After  a  bill  is  engrossed,  it  is  put  into  the  Speaker's 
hands,  and  he  is  not  to  let  any  one  have  it  to  look 
into.  Town,  col.  209. 

In  the  House  of  Representatives  an  alleged  improper  alteration  of  a 
bill  was  presented  as  a  question  of  privilege  and  examined  by  a  select 
committee.  It  being  ascertained  that  the  alteration  was  made  to 
correct  a  clerical  error,  the  committee  reported  that  it  was  "highly 
censurable  in  any  Member  or  officer  of  the  House  to  make  any  change, 
even  the  most  unimportant,  in  any  bill  or  resolution  which  has  received 
the  sanction  of  this  body"  (III,  2598).  Engrossed  bills  do  not  go  into 
the  Speaker's  hands.  Enrolled  bills  go  to  him  for  signature. 

SEC.  XVII. — OBDEB   IN   DEBATE. 

§353.  Decorum  of         When  the  Speaker  is  seated  in  his 

Members  as  to  ,  ,  .  .        .         ,   . 

sitting  in  their         chair,  every  member  is  to  sit  in  his 
places-  place.    Scab.,  6;  Grey,  403. 

In  the  House  of  Representatives  the  decorum  of  Members  is  regulated 
by  the  various  sections  of  Rule  XIV;  and  this  provision  of  the  parlia- 
mentary law  is  practically  obsolete. 

When  any  Member  means  to  speak,  he  is  to  stand 
s  354.  Procedure       up  in  his  place,  uncovered,  and  to  ad- 
ember  in      ^^  j^g^  not  to  the  House,  or  any 

particular  Member,  but  to  the  Speaker, 
who  calls  him,  by  his  name,  that  the  House  may  take 
notice  who  it  is  that  speaks.  Scob.,  6;  D'Ewes,  487, 
col.  1;  2  Hats.,  77;  4  Grey,  66;  8  Grey,  108.  But 
Members  who  are  indisposed  may  be  indulged  to 
speak  sitting.  2  Hats.,  75,  77;  1  Grey,  143. 


[158] 


JEFFERSON'S  MANUAL 

§§  355.  356. 

In  the  House  of  Representatives  the  Member,  in  seeking  recognition, 
is  governed  by  Rule  XIV,  cL  1,  which  differs  materially  from  this  provi- 
sion of  the  parliamentary  law.  The  Speaker,  moreover,  calls  the  Mem- 
ber, not  by  name,  but  as  "the  gentleman  from ,"  naming  the 

State.  As  long  ago  as  1832,  at  least,  a  Member  was  not  required  to 
rise  from  his  own  seat  (V,  4979,  footnote) . 

$  355.  conditions  When  a  Member  stands  up  to  speak, 

no  question  is  to  be  put,  but  he  is  to  be 
heard  unless  the  House  overrule  him. 

**!  of  the  House.      4  Grey,  890;  5  Grey,  6,  148. 

In  the  House  of  Representatives  no  question  is  put  as  to  the  right  of 
a  Member  to  the  floor,  unless  he  be  called  to  order  and  dealt  with  by 
the  House  under  Rule  XIV,  cl.  4,  5. 

If  two  or  more  rise  to  speak  nearly  together,  the 
R9KC  _  Speaker  determines  who  was  first  up, 

§  ooo.  liie  •*•  x  ' 

parliamentary  and  calls  him  by  name,  whereupon  he 
i^^iaonby  proceeds,  unless  he  voluntarily  sits 
the  speaker.  down  and  gives  way  to  the  other.  But 

sometimes  the  House  does  not  acquiesce  in  the 
Speaker's  decision,  in  which  case  the  question  is  put, 
"which  Member  was  first  up?"  2  Hats.,  76;  Scob., 
7;  D'Ewes,  434,  col  1,2. 

In  the  Senate  of  the  United  States  the  President's 
decision  is  without  appeal. 

In  the  House  of  Representatives  recognition  by  the  Chair  is  gov- 
erned by  Rule  XIV,  cl.  2,  and  the  practice  thereunder.  There  has 
been  no  appeal  from  a  decision  by  the  Speaker  on  a  question  of  recog- 
nition since  1881  (II,  1425-1428)  and  in  the  later  practice  no  appeal 
is  permitted  (VIII,  2429,  2646,  2762). 


[159] 


JEFFERSON'S  MANUAL 

}§  357,  358. 

No  man  may  speak  more  than  once  on  the  same  bill 

on  the  same  day;  or  even  on  another 

LfM^teto         day*  if  the  debate  be  adjourned.     But 

be  heard  a  second      jf  ft  be  rea(j  more  than  once  in  the  same 

day,    he    may    speak    once    at    every 

reading.     Co.,   IS,   115;  Hakew.,   148;  Scob.,   58;  2 

Hats.,  76.     Even  a  change  of  opinion  does  not  give 

a  right  to  be  heard  a  second  time.     Smyth's  Comw. 

L.,  2,  c.  3;  Ar can.  Parl.,  17. 

But  he  may  be  permitted  to  speak  again  to  clear  a 
matter  of  fact,  3  Grey,  857,  416;  or  merely  to  explain 
himself,  9  Hats.,  73,  in  some  material  part  of  his 
speech,  /&.,  75;  or  to  the  manner  or  words  of  the 
question,  keeping  himself  to  that  only,  and  not  trav- 
eling into  the  merits  of  it,  Memorials  in  Hakew.,  29; 
or  to  the  orders  of  the  House,  if  they  be  transgressed, 
keeping  within  that  line,  and  not  falling  into  the 
matter  itself.  Mem.  Hakew.,  30,  31. 

The  House  of  Representatives  has  modified  the  parliamentary  law 
as  to  a  Member's  right  to  speak  a  second  time  by  Rule  XIV,  cl.  3,  6. 
But  in  practice  the  rule  is  not,  ordinarily,  enforced  rigidly  and  Members 
find  little  difficulty  in  making  explanations  such  as  are  contemplated 
by  the  parliamentary  law. 

But  if  the  Speaker  rise  to  speak,  the  Member 
*  «o  «  ^  standing  up  ought  to  sit  down,  that  he 

S  358.  Farticipa-  •»/••*•• 

tion  of  the  speaker  may  be  first  heard.  Town.,  col.  205; 
Hale  Parl,  133;  Mem.  in  Hakew.,  30, 
81.  Nevertheless,  though  the  Speaker  may  of  right 
speak  to  matters  of  order,  and  be  first  heard,  he  is 
restrained  from  speaking  on  any  other  subject, 

[160] 


i§  359,  360. 

except  where  the  House  have  occasion  for  facts 
within  his  knowledge;  then  he  may,  with  their  leave, 
state  the  matter  of  fact.  3  Grey,  88. 

This  provision  is  usually  observed  in  the  practice  of  the  House,  so 
far  as  the  conduct  of  the  Speaker  in  the  chair  is  concerned.  In  several 
instances  the  Speaker  has  been  permitted  by  the  House  to  make  a  state- 
ment from  the  chair,  as  in  a  case  wherein  his  past  conduct  had  been 
criticised  (II,  1369),  and  in  a  case  wherein  there  had  been  unusual 
occurrences  in  the  joint  meeting  to  count  the  electoral  vote  (II,  1372), 
and  in  a  matter  relating  to  a  contest  for  the  seat  of  the  Speaker  as  a 
Member  (II,  1360).  In  rare  instances  the  Speaker  has  made  brief 
explanations  from  the  chair  without  asking  the  assent  of  the  House 
(II,  1373,  1374).  Speakers  have  called  others  to  the  chair  and  par- 
ticipated in  debate,  usually  without  asking  consent  of  the  House  (II, 
1360,  1367,  footnote,  1368,  1371  ;  III,  1950)  ,  and  in  one  case  a  Speaker  on 
the  floor  debated  a  point  of  order  which  the  Speaker  pro  tempore  was 
to  decide  (V,  6097)  .  In  rare  instances  Speakers  have  left  the  chair  to 
make  motions  on  the  floor  (II,  1367,  footnote)  .  According  to  a  former 
custom,  now  fallen  into  disuse,  Speakers  participated  freely  in  debate 
in  Committee  of  the  Whole  (II,  1367,  footnote). 

No  one  is  to  speak  impertinently  or  beside  the 
question,     superfluous,     or  tediously. 

5  359   Impertinent, 

Scob.,  81,  83;  2  Hats.,  166,  168;  Hale 


The  House,  by  Rule  XIV,  cl.  1,  provides  that  the  Member  shall 
address  himself  to  the  question  under  debate,  but  neither  by  rule  nor 
practice  has  the  House  ever  suppressed  superfluous  or  tedious  speaking, 
its  hour  rule  (XIV,  cl.  2)  being  a  sufficient  safeguard  in  this  respect. 

No  person  is  to  use  indecent  language  against  the 
proceedings  of  the  House;  no  prior  de- 

§  360.  Language  f  .  &  i   •    i      •       ,        T_  n       xJ 

reflecting  on  the        termination  of  which  is  to  be  reflected 
House"  on  by  any  Member,  unless  he  means  to 

conclude  with  a  motion  to  rescind  it.    2  Hats.,  169, 
170;  Rushw.,  p.  3,  v.  1,  fol.  42.    But  while  a  proposi- 

[161] 


JEFFERSON'S  MANUAL 

§36L 

tion  under  consideration  is  still  in  fieri,  though  it  has 
even  been  reported  by  a  committee,  reflections  on  it 
are  no  reflections  on  the  House.  9  Grey,  SOS. 

In  the  practice  of  the  House  of  Representatives  it  lias  been  held  out  of 
order  in  debate  to  cast  reflections  on  either  the  House  or  its  membership 
or  its  decisions,  whether  present  or  past  (V,  5132-5138).  A  Member 
who  had  used  offensive  words  against  the  character  of  the  House,  and 
who  declined  to  explain,  was  censured  (II,  1247).  Words  impeaching 
the  loyalty  of  a  portion  of  the  membership  have  also  been  ruled  out 
(V,  5139).  Where  a  Member  reiterated  on  the  floor  certain  published 
charges  against  the  House,  action  was  taken,  although  other  business 
had  intervened,  the  question  being  considered  one  of  privilege  (III, 
2637).  It  is  not  in  order  in  debate  to  refer  to  the  proceedings  of  a  com- 
mittee except  such  as  have  been  formally  reported  to  the  House  (V, 
5080-5083;  VHI,  2269,  2485-2493;  June  24,  1958,  p.  12120,  12122), 
but  this  rule  does  not  apply  to  the  proceedings  of  a  committee  of  a 
previous  Congress  (Chairman  Hay,  Feb.  2,  1914,  p.  2782). 

No  person,  in  speaking,  is  to  mention  a  Member 
..„  „  .  then  present  by  his  name,  but  to  de- 

§  361.  Personalities  r  J  > 

in  debate  scribe  him  by  his  seat  in  the  House,  or 

who  spoke  last,  or  on  the  other  side  of 
the  question,  &c.,  Mem.  in  Hakew.,  8;  Smyth's 
Comw.j  L.  2,  c.  3;  nor  to  digress  from  the  matter  to 
fall  upon  the  person,  Scob.,  31;  Hale  ParL,  183;  2 
Hats.,  166,  by  speaking  reviling,  nipping,  or  unman- 
nerly words  against  a  particular  Member.  Smyth's 
Comw.,  L.  &,c.S.  *  *  * 

In  the  practice  of  the  House  a  Member  is  not  permitted  to  refer  to 
another  by  name  (V,  5144;  VIII,  2526,  2529,  2536),  or  to  address  him 
in  the  second  person  (V,  5140-5143;  VI,  600;  VIII,  2529)  instead  of  as 

"the  gentleman  from  ,"  naming  the  State.     By  rule  of  the 

House  (Rule  XIV,  cl.  1),  as  well  as  by  the  parliamentary  law,  per- 
sonalities are  forbidden  (V,  4979,  5145,  5163,  5169),  whether  against 
the  Member  in  his  capacity  as  Representative  or  otherwise  (V,  5152, 
5153).  But  a  distinction  has  been  drawn  between  charges  made  by 

[162] 


JEFFERSON'S  MANUAL 

§§  362-364. 

one  Member  against  another  in  a  newspaper  and  the  same  made  in 
debate  on  the  floor  (III,  2691).  Questions  have  arisen  sometimes 
involving  a  distinction  between  general  language  and  personalities 
(V,  5153,  5163,  5169).  A  denunciation  of  the  spirit  in  which  a  Mem- 
ber had  spoken  was  held  out  of  order  as  a  personality  (V,  6981).  The 
House  has  censured  a  Member  for  gross  personalities  (II,  1251). 

Complaint  of  the  conduct  of  the  Speaker  should  be  presented  directly 
for  the  action  of  the  House  and  not  by  way  of  debate 

OD  other  matters  (V,  5188)-  In  a  case  wherein  a 
Member  used  words  insulting  to  the  Speaker  the 
House  on  a  subsequent  day,  and  after  other  business  had  intervened, 
censured  the  offender  (II,  1248).  In  such  a  case  the  Speaker  would 
ordinarily  leave  the  chair  while  action  should  be  taken  by  the  House 
(II,  1366;  V,  5188;  VI,  565). 

*     *     *    The  consequences  of  a  measure  may  be 
reprobated  in  strong  terms:  but  to  ar- 

§  363.  Motives  of  ^  °  7 

Members  not  to  raign  the  motives  of  those  who  propose 
be  arraigned.  ^  advocate  it  is  a  personality,  and 

against  order.  Qui  digreditur  a  materia  ad  personam, 
Mr.  Speaker  ought  to  suppress.  Ord.  Com.,  1604, 
Apr.  19. 

The  arraignment  of  the  motives  of  Members  is  not  permitted  (V, 
5147-5151),  and  the  Speakers  have  intervened  to  prevent  it,  in  the 
earlier  practice  preventing  even  the  mildest  imputations  (V,  5161, 
5162).  While  in  debate  the  assertion  of  one  Member  may  be  declared 
untrue  by  another,  yet  in  so  doing  an  intentional  misrepresentation 
must  not  be  implied  (V,  5157-5160),  and  if  stated  or  implied  is  censur- 
able (II,  1305)  and  presents  a  question  of  privilege  (III,  2717;  VI, 
607).  A  Member  in  debate  having  declared  the  words  of  another  "a 
base  lie,"  censure  was  inflicted  by  the  House  on  the  offender  (II,  1249). 

No  one  is  to  disturb  another  in  his  speech  by  hissing, 
§364  Disorder  coughing,  spitting,  6  Grey,  822;  Scob., 
and  intentions  5;  D'Ewes,  382,  col.  1,  640  ,  col.  2,  speak- 
durmg  debate.  whispering  to  another,  Scob.  6; 


D'Ewes,  487)  col.  1;  not  stand  up  to  interrupt  him, 

[163] 


JEFFERSON'S  MANUAL 

§365. 

Town,  col.  205;  Mem.  in  Hakew.,  SI;  nor  to  pass  be- 
tween the  Speaker  and  the  speaking  Member,  nor  to 
go  across  the  House,  Scob.,  6,  or  to  walk  up  and 
down  it,  or  to  take  books  or  papers  from  the  table, 
or  write  there,  1  Hats.,  171. 

The  House  of  Representatives  has  by  Rule  XIV,  cl.  7,  prescribed 
certain  rules  of  decorum  differing  somewhat  from  this  provision  of  the 
parliamentary  law,  but  supplemental  to  it  rather  than  antagonistic. 
In  one  respect,  however,  the  practice  of  the  House  differs  from  the 
apparent  intent  of  the  parliamentary  law.  In  the  House  a  Member 
may  interrupt  by  addressing  the  Chair  for  permission  of  the  Member 
speaking  (V,  5006;  VIII,  2465) ;  but  it  is  entirely  within  the  discretion 
of  the  Member  occupying  the  floor  to  determine  when  and  by  whom 
he  shall  be  interrupted  (V,  5007,  5008;  VIII,  2463,  2465). 

Nevertheless,  if  a  member  finds  that  it  is  not  the 
§365.  Pariiamen-  inclination  of  the  House  to  hear  him, 
^nS^atedions  and  that  by  conversation  or  any  other 
Member.  noise  they  endeavor  to  drown  his  voice, 

it  is  his  most  prudent  way  to  submit  to  the  pleasure 
of  the  House,  and  sit  down;  for  it  scarcely  ever  hap- 
pens that  they  are  guilty  of  this  piece  of  ill  manners 
without  sufficient  reason,  or  inattention  to  a  Mem- 
ber who  says  anything  worth  their  hearing.  2  Hats., 
77,  78. 

In  the  House  of  Representatives,  where  the  previous  question  and 
hour  rule  of  debate  have  been  used  for  many  years,  the  parliamentary 
method  of  supressing  a  tedious  Member  has  never  been  imported  into 
the  practice  (V,  5445). 


[164] 


JEFFERSON'S  MANUAL 

§§  366,  367. 

If  repeated  calls  do  not  produce  order,  the  Speaker 
§  see.  The  may  ca^  by  his  name  any  Member  obsti- 

E^TT^bg  nately  persisting  in  irregularity;  where- 
a  disorderly  upon  the  House  may  require  the  Mem- 

1  em  r"  ber  to  withdraw.     He  is  then  to  be 

heard  in  exculpation,  and  to  withdraw.  Then  the 
Speaker  states  the  offense  committed;  and  the  House 
considers  the  degree  of  punishment  they  will  inflict. 
8  Hats.,  167,  7,  8,  172. 

The  House  of  Representatives,  in  Rule  XIV,  cl.  4,  5,  has  made  a 
provision  which  supersedes  this  provision  of  the  parliamentary  law. 

For  instances  of  assaults  and  affrays  in  the  House 
r  ^      ,.         of    Commons,    and    the    proceedings 

\  Proceedings  7  ^  ° 


in  cases  of  assaults     thereon,  see  1  Pet.  Misc.,  82;  8  Grey, 

andaffrays.  g  ^^  ^    ff 


254;  10  Grey,  8.  Whenever  warm  words  or  an 
assault  have  passed  between  Members,  the  House, 
for  the  protection  of  their  Members,  requires  them  to 
declare  in  their  places  not  to  prosecute  any  quarrel, 
3  Grey,  128,  293;  5  Grey,  280;  or  orders  them  to 
attend  the  Speaker,  who  is  to  accommodate  their 
differences,  and  report  to  the  House,  3  Grey,  419; 
and  they  are  put  under  restraint  if  they  refuse,  or 
until  they  do.  9  Grey,  234,  312. 

In  several  instances  assaults  and  affrays  have  occurred  on  the  floor 
of  the  House  of  Representatives.  Sometimes  the  House  has  allowed 
these  affairs  to  pass  without  notice,  the  Members  concerned  making 
apologies  either  personally  or  through  other  Members  (II,  1658-1662). 
In  other  cases  the  House  has  exacted  apologies  (II,  1646-1651,  1657), 
or  required  the  offending  Members  to  pledge  themselves  before  the 

62581  °—  H.  Doc.  459,  86-2  -  12       [165] 


JEFFERSON'S 

5868. 

House  to  keep  the  peace  (II,  1643).  In  case  of  an  aggravated  assault 
by  one  Member  on  another  on  the  portico  of  the  Capitol  for  words 
spoken  in  debate,  the  House  censured  the  assailant  and  three  other 
Members  who  had  been  present,  armed,  to  prevent  interference  (II, 
1655,  1656).  Assaults  or  affrays  in  Committee  of  the  Whole  are  dealt 
with'by  the  House  (II,  1648-1651). 

Disorderly  words  are  not  to  be  noticed  till  the 
5368.p«riiamen-       Member   has   finished   his    speech.     5 


6  ®rey>  60- 

son  objecting  to  them,  and  desiring 
them  to  be  taken  down  by  the  Clerk  at  the  table, 
must  repeat  them.  The  Speaker  then  may  direct 
the  Clerk  to  take  them  down  in  his  minutes;  but  if 
he  thinks  them  not  disorderly,  he  delays  the  direc- 
tion. If  the  call  becomes  pretty  general,  he  orders 
the  Clerk  to  take  them  down,  as  stated  by  the  ob- 
jecting Member.  They  are  then  a  part  of  his  min- 
utes, and  when  read  to  the  offending  Member,  he 
may  deny  they  were  his  words,  and  the  House  must 
then  decide  by  a  question  whether  they  are  his  words 
or  not.  Then  the  Member  may  justify  them,  or  ex- 
plain the  sense  in  which  he  used  them,  or  apologize. 
If  the  House  is  satisfied,  no  further  proceeding  is 
necessary.  But  if  two  Members  still  insist  to  take 
the  sense  of  the  House,  the  Member  must  withdraw 
before  that  question  is  stated,  and  then  the  sense  of 
the  House  is  to  be  taken.  2  Hats.,  199;  4  Grey,  170; 
6  Grey,  59.  When  any  Member  has  spoken,  or  other 
business  intervened,  after  offensive  words  spoken, 
they  can  not  be  taken  notice  of  for  censure.  And 


[166] 


JEFFERSON'S  MANUAL 

§§  369,  370. 

this  is  for  the  common  security  of  all,  and  to  prevent 
mistakes  which  must  happen  if  words  are  not  taken 
down  immediately.  Formerly  they  might  be  taken 
down  at  any  time  the  same  day.  2  Hats.,  196;  Mem. 
in  Hakew.,  71;  5  Grey,  48;  9  Grey,  514. 

The  House  of  Representatives  has,  by  Rule  XIV,  cl.  4,  5,  provided  a 
method  of  procedure  in  cases  of  disorderly  words.  The  House  permits 
and  requires  them  to  be  noticed  as  soon  as  uttered,  and  has  not  insisted 
that  the  offending  Member  withdraw  while  the  House  is  deciding  as  to 
its  course  of  action. 

Disorderly  words  spoken  in  a  committee  must  be 
§369.  Disorderly  written  down  as  in  the  House:  but  the 

words  taken  down  .  ' 

and  reported  from  coTYimittee  can  only  report  them  to  the 
whoteUtee°ftlie  House  for  animadversion.  6  Grey,  4.6. 

This  provision  of  the  parliamentary  law  has  been  applied  to  the  Com- 
mittee of  the  Whole  rather  than  to  select  or  standing  committees.  The 
House  has  censured  a  Member  for  disorderly  words  spoken  in  Com- 
mittee of  the  Whole  and  reported  therefrom  (II,  1259). 

In  Parliament,  to  speak  irreverently  or  seditiously 
against   the   King,    is    against    order. 

§  370.  References  in 

debate  to  the          Smyth'  s  Comw.,  L.  2,  c.  8;  2  Hats., 

Executive. 


This  provision  of  the  parliamentary  law  is  manifestly  inapplicable 
to  the  House  of  Representatives  (V,  5086)  ;  and  it  has  been  held  in 
order  in  debate  to  refer  to  the  President  of  the  United  States  or  his 
opinions,  either  with  approval  or  criticism,  provided  that  such  reference 
be  relevant  to  the  subject  under  discussion  and  otherwise  conformable 
to  the  rules  of  the  House  (V.  5087-5091;  VIII,  2500).  Also  a  reference 
to  the  probable  action  of  the  President  was  held  in  order  (V,  5092). 
In  debating  a  proposition  to  impeach  the  President  a  wide  latitude  was 
permitted  to  a  Member  in  preferring  charges  (V,  5093),  but  he  was 
required  to  abstain  from  language  personally  offensive  (V,  5094),  and 
personal  abuse,  innuendo  or  ridicule  of  the  President  is  not  permitted 
(VIII,  2497).  On  January  27,  1909  (VIII,  2497),  the  House  adopted 

[167] 


JEFFERSON'S  MANUAL 

§371. 

a  report  of  a  committee  appointed  to  investigate  the  question,  which 
report  in  part  stated: 

"The  freedom  of  speech  in  debate  in  the  House  of  Representatives 
should  never  be  denied  or  abridged,  but  freedom  of  speech  in  debate 
does  not  mean  license  to  indulge  in  personal  abuse  or  ridicule.  The 
right  of  Members  of  the  two  Houses  of  Congress  to  criticize  the  official 
acts  of  the  President  and  other  executive  officers  is  beyond  question, 
but  this  right  is  subject  to  proper  rules  requiring  decorum  in  debate. 
Such  right  of  criticism  is  inherent  upon  legislative  authority.  The 
right  to  legislate  involves  the  right  to  consider  conditions  as  they  are 
and  to  contrast  present  conditions  with  those  of  the  past  or  those 
desired  in  the  future.  The  right  to  correct  abuses  by  legislation 
carries  the  right  to  consider  and  discuss  abuses  which  exist  or  which  are 
feared. 

"It  is,  however,  the  duty  of  the  House  to  require  its  Members  in 
speech  or  debate  to  preserve  that  proper  restraint  which  will  permit  the 
House  to  conduct  its  business  in  an  orderly  manner  and  without  unnec- 
essarily and  undxily  exciting  animosity  among  its  Members  or  antagon- 
ism from  those  other  branches  of  the  Government  with  which  the 
House  is  correlated." 

It  is  a  breach  of  order  in  debate  to  notice  what 
5371.  Debate  and  ^as  keen  said  on  the  same  subject  in 
proceedings  in  the  the  other  House,  or  the  particular  votes 

other  House  not  to  .    .  '  x 

be  noticed  in  or  majorities  on  it  there;  because  the 


opinion  of  each  House  should  be  left 
to  its  own  independency,  not  to  be  influenced  by 
the  proceedings  of  the  other;  and  the  quoting  them 
might  beget  reflections  leading  to  a  misunderstand- 
ing between  the  two  Houses.  8  Grey,  22. 

This  rule  of  the  parliamentary  law  is  in  use  in  the  House  of  Repre- 
sentatives to  the  full  extent  of  its  provisions,  and  it  has  always  been 
held  a  breach  of  order  to  refer  to  debates  or  votes  on  the  same  subject 
in  the  other  House  (V,  5095-5097;  VIII,  2504,  2505),  or  to  the  action  or 
probable  action  of  the  other  House  (V,  5101-5105;  VIII,  2515),  or  to  its 
methods  of  procedure,  as  bearing  on  the  course  to  be  taken  on  a  pending 
matter  (V,  5100).  In  one  instance  the  Senate  declined  to  have  read 

[168] 


JEFFERSON'S  MANUAL 

§§  372,  373. 

from  the  Congressional  Record  the  proceedings  of  the  House,  even  as 
the  basis  of  a  question  of  order  relating  to  the  rights  of  the  Senate 
(V,  6406).  It  is,  however,  permissible  to  refer  to  proceedings  in  the 
other  House  generally,  provided  the  reference  does  not  contravene  the 
principles  of  the  rule  (V,  5098,  5099,  5107-5111);  but  a  Member  may 
not,  in  debate,  in  the  House,  read  the  record  of  speeches  and  votes  of 
Senators  in  such  connection  of  comment  or  criticism  as  might  be  ex- 
pected to  lead  to  recriminations  (V,  5107-5111;  VIII,  2501,  2506),  and 
it  was  even  held  out  of  order  to  criticize  words  spoken  in  the  Senate  by 
one  not  a  Member  of  that  body  in  the  course  of  an  impeachment  trial 
(V,  5106).  But  a  Member  of  the  House  was  permitted  to  read,  in 
debate,  a  speech  made  in  the  Senate  by  one  no  longer  a  member  of 
that  body  (V,  5113),  and  in  another  case  the  personal  views  of  a 
Senator,  not  uttered  in  the  Senate,  were  referred  to  in  the  House 
(V,  5112). 

While  the  Senate  may  be  referred  to  properly  in  debate,  it  is  not  in 
§  372.  The  other  order  to  discuss  its  functions  or  criticize  its  acts 

House  and  its  (V,  511^-5120) ,  or  refer  to  a  Senator  in  terms  of  per- 

Members  not  to  be  SOnal  criticism  (V,  5121,  5122;  VIII,  2518,  2521) 
critfeed  in  debate.  even  anonomousiy  (vm,  2512),  or  even  for  purpose 
of  complimenting  (VIII,  2509),  or  read  a  paper  making  such  criticism 
(V,  5127) ;  and  the  inhibition  extends  to  comment  on  actions  outside  the 
Senate  (VIII,  2515),  and  after  examination  by  a  committee  a  speech 
reflecting  on  the  character  of  the  Senate  was  ordered  to  be  stricken 
from  the  Record,  on  the  ground  that  it  tended  to  create  "unfriendly 
conditions  between  the  two  bodies  *  *  *  obstructive  of  wise 
legislation  and  little  short  of  a  public  calamity"  (V,  5129).  But 
where  a  Member  has  been  assailed  in  the  Senate,  he  has  been  permitted 
to  explain  his  own  conduct  and  motives,  without  bringing  the  whole 
controversy  into  discussion  or  assailing  the  Senator  (V,  5123-5126). 
Propositions  relating  to  breaches  of  these  principles  have  been  enter- 
tained as  of  privilege  (V,  5129,  6980). 

Neither  House  can  exercise  any  authority  over  a 
§373.  complaint  by  Member  or  officer  of  the  other,  but 
™c?£TMen£r  should  complain  to  the  House  of  which 
of  the  other.  ^  j^  an(j[  leave  the  punishment  to  them. 

In  a  notable  instance,  wherein  a  Member  of  the  House  had  assaulted  a 
Senator  in  the  Senate  Chamber  for  words  spoken  in  debate,  the  Senate 

[169] 


JEFFERSON'S  MANUAL 
$§374375. 

examined  the  breach  of  privilege  and  transmitted  its  report  to  the 
House  which  punished  the  Member  (II,  1622).  A  Senator  having 
assailed  a  House  Member  in  debate,  the  House  messaged  to  the  Sen- 
ate a  resolution  declaring  the  language  a  breach  of  privilege  and  re- 
quested the  Senate  to  take  appropriate  action  (September  27,  1951,  p. 
12270).  The  Senator  subsequently  asked  unanimous  consent  to  correct 
his  remarks  in  the  permanent  Congressional  Record,  but  objection 
was  raised  (September  28, 1951,  p.  12383) .  But  where  certain  Members 
of  the  House,  in  a  published  letter,  sought  to  influence  the  vote  of  a 
Senator  in  an  impeachment  trail,  the  House  declined  to  consider  the 
matter  as  a  breach  of  privilege  (III,  2657). 

*  *  *  Where  the  complaint  is  of  words  disre- 
§374.  Duty  of  the  spectfully  spoken  by  a  Member  of  an- 
speaker  to  prevent  other  House,  it  is  difficult  to  obtain  pun- 
l^^ltheoih*~  ishment,  because  of  the  rules  supposed 
House.  necessary  to  be  observed  (as  to  the 

immediate  noting  down  of  words)  for  the  security  of 
Members.  Therefore  it  is  the  duty  of  the  House, 
and  more  particularly  of  the  Speaker,  to  interfere 
immediately,  and  not  to  permit  expressions  to  go 
unnoticed  which  may  give  a  ground  of  complaint  to 
the  other  House,  and  introduce  proceedings  and 
mutual  accusations  between  the  two  Houses,  which 
can  hardly  be  terminated  without  difficulty  and 
disorder.  3  Hats. ,51. 

In  the  House  of  Representatives  this  rule  of  the  parliamentary  law  is 
considered  as  binding  on  the  Chair  (V,  5130;  VIII,  2465). 

No  Member  may  be  present  when  a  bill  or  any 
§  375.  course  of  the  business  concerning  himself  is  debating:  * 

Member  when  bnsi-  -  -n  /r          i  -, 

ness  concerning  nor  is  any  Member  to  speak  to  the 
himself  is  debating,  merits  of  it  till  he  withdraws.  2  Hats., 
219.  The  rule  is  that  if  a  charge  against  a  Member 
arise  out  of  a  report  of  a  committee,  or  examination 
of  witnesses  in  the  House,  as  the  Member  knows  from 
that  to  what  points  he  is  to  direct  his  exculpation,  he 

[170] 


JEFFERSON'S 

§376. 

may  be  heard  to  those  points  before  any  question  is 
moved  or  stated  against  him.  He  is  then  to  be 
heard,  and  withdraw  before  any  question  is  moved. 
But  if  the  question  itself  is  the  charge,  as  for  breach 
of  order  or  matter  arising  in  the  debate,  then  the 
charge  must  be  stated  (that  is,  the  question  must 
be  moved),  himself  heard,  and  then  to  withdraw. 
g  Hats,  121, 


In  1832,  during  proceedings  for  the  censure  of  a  Member,  the  Speaker 
informed  the  Member  that  he  should  retire  (II,  1366)  ;  but  this  seems 
to  be  an  exceptional  instance  of  the  enforcement  of  the  law  of  Parlia- 
ment. In  other  cases,  after  the  proposition  for  censure  or  expulsion 
has  been  proposed,  Members  have  been  heard  in  debate,  either  as  a 
matter  of  right  (II,  1286),  as  a  matter  of  course  (II,  1246,  1253),  by 
express  provision  (II,  1273),  and  in  writing  (II,  1273),  or  by  unanimous 
consent  (II,  1275).  A  Member  against  whom  a  resolution  of  censure 
was  pending  was  asked  by  the  Speaker  if  he  desired  to  be  heard  (VI, 
236).  But  a  Member  was  not  permitted  to  depute  another  Member 
to  speak  in  his  behalf  (II,  1273). 

Where  the  private  interests  of  a  Member  are  con- 
§376.  Disqualifying     cemed  in  a,  bill  or  question  he  is  to 

personal  interest  of  •    i     i  AII 

a  Member.  withdraw.     And  where  such  an  interest 

has  appeared,  his  voice  has  been  disallowed,  even 
after  a  division.  In  a  case  so  contrary,  not  only  to 
the  laws  of  decency,  but  to  the  fundamental  principle 
of  the  social  compact,  which  denies  to  any  man  to 
be  a  judge  in  his  own  cause,  it  is  for  the  honor  of  the 
House  that  this  rule  of  immemorial  observance  should 
be  strictly  adhered  to.  2  Hats.,  119,  121;  6  Grey,  368. 

In  the  House  of  Representatives  it  has  not  been  usual  for  the  Member 
to  withdraw  when  his  private  interests  are  concerned  in  a  pending  meas- 


[171] 


JEFFERSON'S  MANUAL, 

§§  377-379. 

ure,  but  the  House  has  provided  by  rule  (Rule  VIII,  cl.  1)  that  the 
Member  shall  not  vote  in  such  a  contingency.  In  one  instance  the 
Senate  disallowed  a  vote  given  by  a  Senator  on  a  question  relating  to 
his  own  right  to  a  seat;  but  the  House  has  never  had  occasion  to 
proceed  so  far  (V,  5959). 

No  Member  is  to  come  into  the  House  with  his  head 
§377  WeariXMfof  covered,  nor  to  remove  from  one  place 
hats  by  Members,  to  another  with  his  hat  on,  nor  is  to  put 
on  his  hat  in  coming  in  or  removing,  until  he  be  set 
down  in  his  place.  Scob.,  6. 

Until  1837  the  parliamentary  practice  of  wearing  hats  during  the  ses- 
sion continued  in  the  House;  but  in  that  year  it  was  abolished  by  rule 
(Rule  XIV,  cl.  7). 

5378.  Advent  ^  question  of  order  may  be  adjourned 
of  questions  of  to  give  time  to  look  into  precedents.  2 
°rden  Hats.,  118. 

The  Speaker  has  declined,  on  a  difficult  question  of  order,  to  rule 
until  he  had  taken  time  for  examination  (III,  2725;  VI,  432;  VII,  2106; 
VIII,  2174,  2396,  3475),  but  it  is  conceivable  that  a  case  might  arise 
wherein  this  privilege  of  the  Chair  would  require  approval  of  the 
majority  of  the  House,  to  prevent  arbitrary  obstruction  of  the  pending 
business  by  the  Chair.  On  occasion,  the  Chair  has  reversed  as  erro- 
neous decision  previously  made  (VI,  639;  VII,  849;  VIII,  2794,  3435). 
The  law  of  Parliament  evidently  contemplates  that  the  adjournment 
of  a  question  of  order  shall  be  controUed  by  the  House. 

§379.  House's  In  Parliament,  all  decisions  of  the 

Speaker    may    be    controlled    by  the 
House.     3  Grey,  319. 

The  House  of  Representatives  provides  for  controlling  decisions  of  the 
Speaker  by  appeal  (Rule  I,  cl.  4). 


[172] 


JEFFERSON'S  MANUAL 

§§380-382, 

SEC.  XVIII.  —  ORDERS   OF  THE   HOUSE. 

Of  right,  the  door  of  the  House  ought  not  to  be 


§380  Keeping  of  shut?  ^ut  *°  ke  ^P*  by  porters,  or 
the  doors  of  the  Sergeants-at-Arms,  assigned  for  that 
House"  purpose.  Mod  ten.  Parl,  28. 

The  doors  of  the  House  of  Representatives  are  kept  by  the  Door- 
keeper and  his  assistants  (Rule  V,  cl.  1). 

The  only  case  where  a  Member  has  a  right  to  insist 
§38i.  mght  of  the  on  anything,  is  where  he  calls  for  the 
^tarflE"11*  execution  of  a  subsisting  order  of  the 
subsisting  order.  House.  Here  there  having  been  al- 
ready a  resolution,  any  person  has  a  right  to  insist 
that  the  Speaker,  or  any  other  whose  duty  it  is,  shall 
carry  it  into  execution;  and  no  debate  or  delay  can  be 
had  on  it.  Thus  any  Member  has  a  right  to  have  the 
House  or  gallery  cleared  of  strangers,  an 

§382.  Parliamentary  .  &  J  , 

law  for  clearing  order  existing  for  that  purpose;  or  to 
the  galleries.  have  the  House  told  when  there  is  not  a 

quorum  present.  2  Hats.,  87,  129.  How  far  an 
order  of  the  House  is  binding,  see  Hakew.,  892. 

Any  Member  has  a  right  at  any  time  to  demand  the  execution  of  a 
rule  of  order  of  the  House  of  Representatives,  including  the  rule  pre- 
scribing the  daily  order  of  business  (IV,  3058).  He  does  this  by  calling 
for  the  '  'regular  order."  He  may  not,  however,  demand  that  the  gal- 
leries be  cleared,  as  the  House,  in  which  this  power  resides  (II,  1353), 
has  by  rule  extended  the  power  to  the  Speaker  (Rule  I,  cl.  2)  and  the 
chairman  of  the  Committee  of  the  Whole  (Rule  XXIII,  cl.  1),  but  not 
to  the  individual  Member. 


[173] 


JEFFERSON'S  MANUAL 

55383^85. 

But  where  an  order  is  made  that  any  particular 
matter  be  taken  up  on  a  particular  day, 
there  a  question  is  to  be  put,  when  it  is 
called  for,  whether  the  House  will  now 
proceed  to  that  matter?    Where  orders 
of  the  day  are  on  important  or  interesting  matter, 
they  ought  not  to  be  proceeded  on  till  an  hour  at  which 
the  House  is  usually  full  [which  in  Senate  is  at  noon]. 

The  rule  of  the  House  of  Representatives  providing  for  raising  the 
question  of  consideration  (Rule  XVI,  ol.  3)  has,  in  connection  with  the 
practice  as  to  special  orders,  superseded  this  provision  of  the  parlia- 
mentary law.  The  House  always  proceeds  with  business  at  its  hour  of 
meeting,  unless  prevented  by  a  point  that  no  quorum  is  present  (IV, 
2732). 

Orders  of  the  day  may  be  discharged  at  any  time, 
§384.  orders  of  the  and  a  new  one  made  for  a  different  day, 


The  House  of  Representatives  found  the  use  of  "Orders  of  the  day" 
as  a  method  of  disposing  business  impracticable  as  long  ago  as  1818, 
and  not  long  after  abandoned  their  use  (IV,  3057),  although,  an  inter- 
esting reference  to  them  survives  in  Rule  XXIV,  cl.  1.  The  House 
sometimes  uses  "Special  orders,"  but  its  business  proceeds  regularly 
by  Rule  XXIV. 

When  a  session  is  drawing  to  a  close  and  the  im- 
portant bills  are  all  brought  in,  the 
House,  in  order  to  prevent  interruption 
by  further  unimportant  bills,  sometimes 
comes  to  a  resolution  that  no  new  bill  be  brought  in, 
except  it  be  sent  from  the  other  House.    8  Grey,  156. 

This  provision  is  obsolete  so  far  as  the  practice  of  the  House  of 
Representatives  is  concerned,  as  business  goes  on  uninterruptedly  until 
the  Congress  expires  (Rule  XXVI). 


[174] 


JEETERSOK'S  MANUAL 

§5  386,  387. 

All  orders  of  the  House  determine  with  the  session; 

§  SSG.  Effect  of  end  ^  one  taken  u^61  such  ^  order  may , 
of  the  session  on  after  the  session  is  ended ,  be  discharged 

existing  orders.  1      ,  '  ** 

especially  as  to  on  B,  habeas  corpus.  Raym.,  ISO;  Ja- 
unprisonment.  coV  s  L  D  6y  Ruffhead;  Parliament, 

1  Lev.,  165,  Pitchara's  case. 

The  House  of  Representatives,  by  Rule  XXVII  and  the  practice 
thereunder,  has  modified  the  rule  of  Parliament  as  to  business  pending 
at  the  end  of  a  session  which  is  not  at  the  same  time  the  end  of  a 
Congress.  A  standing  order,  like  that  providing  for  the  hour  of  daily 
meeting  of  the  House,  expires  with  a  session  (I,  104-109);  but  the 
House  uses  few  standing  orders.  In  1866  the  House  discussed  its 
power  to  imprison  for  a  period  longer  than  the  duration  of  the  existing 
session  (II,  1629),  and  in  1870,  for  assaulting  a  Member  returning  to 
the  House  from  absence  on  leave,  Patrick  Woods  was  committed  for 
a  term  extending  beyond  the  adjournment  of  the  session,  but  not 
beyond  the  term  of  the  existing  House  (II,  1628). 

Where  the  Constitution  authorizes  each  House  to 
§387.  Jefferson's  determine  the  rules  of  its  proceedings, 
Ititr^^tT"  it  must  mean  in  those  cases  (legislative, 
make  rules.  executive,  or  judiciary)  submitted  to 

them  by  the  Constitution,  or  in  something  relating  to 
these,  and  necessary  toward  their  execution.  But 
orders  and  resolutions  are  sometimes  entered  in  the 
journals  having  no  relation  to  these,  such  as  accept- 
ances of  invitations  to  attend  orations,  to  take  part 
in  procession,  etc.  These  must  be  understood  to  be 
merely  conventional  among  those  who  are  willing  to 
participate  in  the  ceremony,  and  are  therefore,  per- 
haps, improperly  placed  among  the  records  of  the 
House. 


[175] 


JEFFERSON'S  MANUAL 

The  House  of  Representatives  has  frequently  examined  its  constitu- 
tional power  to  make  rules,  and  this  power  has  also 
§388.  The  House's  faQn  discussed  by  the  Supreme  Court  (V,  6755). 
construction  of  ite^  ^  ^  been  Settje(j  that  Congress  may  not  by  law 
power  to  a  opt  es.  .^terfere  ^^  ^  constitutional  right  of  a  future 
House  to  make  its  own  rules  (I,  82;  V,  6765,  6766),  or  to  determine  for 
itself  the  order  of  proceedings  in  effecting  its  organization  (I,  242-245; 
V,  6765,  6766) .  It  has  also  been  determined,  after  long  discussion  and 
trial  by  practice,  that  one  House  may  not  continue  its  rules  in  force 
to  and  over  its  successor  (I,  187,  210;  V,  6002,  6743-6747).  A  law 
passed  by  the  existing  Congress  has  been  recognized  as  of  binding  force 
in  matters  of  procedure  (II,  1341;  V,  6767,  6768);  but  when  a  law 
passed  by  a  preceding  Congress  has  assumed  to  lay  down  a  rule  of 
procedure  the  House  has  inclined  to  doubt  the  validity  of  the  law 
(V,  6765,  6766),  and  in  one  case  the  Chair  has  denied  the  authority  of  a 
law  of  this  nature  which  was  in  conflict  with  a  rule  of  the  House  (IV, 
3579) .  The  theories  involved  in  this  question  have  been  most  carefully 
examined  and  decisively  determined  in  reference  to  the  law  of  1851, 
which  directs  the  method  of  procedure  for  the  House  in  its  constitu- 
tional function  of  judging  the  elections  of  its  Members;  and  it  has  been 
determined  that  this  law  is  not  of  absolute  binding  force  on  the  House, 
but  rather  a  wholesome  rule  not  to  be  departed  from  except  for  cause 
(I,  597,  713,  726,  833;  II,  1122). 

As  to  the  participation  on  occasions  of  ceremony,  the  House  has 
entered  its  orders  on  its  journal;  but  it  rarely  attends  outside  the 
Capitol  building  as  a  body,  usually  preferring  that  its  Members  go 
individually  (V,  7061-7064)  or  that  it  be  represented  by  a  committee 
(V,  7053-7056).  It  has  discussed,  but  not  settled,  its  power  to  compel 
a  Member  to  accompany  it  without  the  Hall  on  an  occasion  of  com- 
bined business  and  ceremony  (II,  1139). 

SEC.  XIX. — PETITION. 

r^o'nTtr^!1          ^  Petition  prays  something.    A  re- 
and  memorials.        monstrance  has  no  prayer.     1  Grey,  58. 

The  rules  of  the  House  of  Representatives  make  no  mention  of  re- 
monstrances, but  do  mention  petitions  and  memorials  (Rule  XXII, 
cl.  1).  Resolutions  of  state  legislatures  and  of  primary  assemblies  of 
the  people  are  received  as  memorials  (IV,  3326,  3327),  but  papers  gen- 
eral or  descriptive  in  form  may  not  be  presented  as  memorials  (IV, 
3325). 

[176] 


JEFFERSON'S  MANUAL 

S§  390,  391. 

Petitions  must  be  subscribed  by  the  petitioners 


. 

presentation  of         unless  they  Sire  attending,  1  Grey,  401 

petitions.  ,,         ,  .  &?  11 

or  unable  to  sign,  and  averred  by  a 
member,  3  Grey,  418.  But  a  petition  not  subscribed, 
but  which  the  member  presenting  it  affirmed  to  be  all 
in  the  handwriting  of  the  petitioner,  and  his  name 
written  in  the  beginning,  was  on  the  question  (March 
14,  1800)  received  by  the  Senate.  The  averment  of  a 
member,  or  of  somebody  without  doors,  that  they 
know  the  handwriting  of  the  petitioners,  is  nec- 
essary, if  it  be  questioned.  6  Grey,  36.  It  must  be 
presented  by  a  member,  not  by  the  petitioners,  and 
must  be  opened  by  him  holding  it  in  his  hand.  10 
Grey,  57. 

In  the  House  of  Representatives  petitions  have  been  presented  for 
many  years  by  filing  with  the  Clerk  (Rule  XXII,  cl.  1).  Members  file 
them,  and  petitioners  do  not  attend  on  the  House  in  the  sense  implied 
in  the  parliamentary  law.  In  cases  where  a  petition  set  forth  serious 
charges,  the  petitioner  was  required  to  have  his  signature  attested  by 
a  notary  (III,  2030,  footnote). 

Regularly  a  motion  for  receiving  it  must  be  made 
and    seconded,    and   a    question   put, 

§  391.  Parliamentary  ;  ^  JT        ; 

law  for  the  reception   whether  it  shall  be  received,  but  a  cry 
of  petitions.  from  the  House  of  "received,"  or  even 

silence,  dispenses  with  the  formality  of  this  question. 
It  is  then  to  be  read  at  the  table  and  disposed  of. 

Prior  to  the  adoption  of  the  provisions  of  Rule  XXII,  cl.  1,  petitions 
were  presented  from  the  floor  by  Members,  and  questions  frequently 
arose  as  to  the  reception  thereof  (IV,  3350-3356).  But  under  the 
present  practice  such  procedure  does  not  occur. 


[177] 


JEFFERSON'S  MANUAL 

§5393. 398. 

SEC.  XX — MOTIONS. 

When  a  motion  has  been  made,  it  is  not  to  be  put 
§392.  parliamentary  to  the  question  or  debated  until  it  is 

SEES    seconded-  Scob->2L  .„  ,     . 

reading  of  motions.  it  is  then,  and  not  till  then,  in  pos- 
session of  the  House,  and  can  not  be  withdrawn 
but  by  leave  of  the  House.  It  is  to  be  put  into  writ- 
ing, if  the  House  or  Speaker  require  it,  and  must  be 
read  to  the  House  by  the  Speaker  as  often  as  any 
Member  desires  it  for  his  information.  8  Hats.,  82. 

The  rules  of  the  House  of  Representatives  (Rule  XVI,  cl.  1)  have 
long  since  dispensed  with  the  requirement  of  a  second  for  ordinary 
motions  (V,  5304).  Rule  XVI,  cl.  2,  provides  further  that  a  motion 
may  be  withdrawn  "before  decision  or  amendment;"  and  cl.  1  of  the 
same  rule  provides  that  the  motion  shall  be  reduced  to  writing  "on  the 
demand  of  any  Member/'  In  the  practice  of  the  House,  when  a  paper 
on  which  the  House  is  to  vote  has  been  read  once,  the  reading  may  not 
be  required  again  unless  the  House  shall  order  it  read  (V,  5260) ;  but 
it  does  not  appear  that  this  modifies  the  provision  of  the  parliamentary 
law  that  mere  motions,  not  in  the  nature  of  amendments  or  documents, 
shall  be  read  as  often  as  is  desired  for  information. 

It  might  be  asked  whether  a  motion  for  adjourn- 

§393.  interruptions  m®^  or  for  ^e  orders  of  the  day  can 
of  the  Member  hav-  be  made  by  one  Member  while  another 
in«  the  flow.  k  speaking?  It  can  not.  When  two 
Members  offer  to  speak,  he  who  rose  first  is  to  be 
heard,  and  it  is  a  breach  of  order  in  another  to  inter- 
rupt him,  unless  by  calling  him  to  order  if  he  departs 
from  it,  And  the  question  of  order  being  decided, 
he  is  still  to  be  heard  through.  A  call  for  adjourn- 
ment, or  for  the  order  of  the  day,  or  for  the  question, 

[178] 


JEFFERSOBT'S  MANUAL 

§§  394-396. 

by  gentlemen  from  their  seats,  is  not  a  motion.     No 

motion   can  be  made  without  rising 

§  394.  Members        a^d  addressing  the  Chair.     Such  calls 

required  to  rise  to 

make  morons,  caii  are  themselves  breaches  of  order,  which, 
SLta^ete.0  though  the  Member  who  has  risen  may 
respect,  as  an  expression  of  impatience 
of  the  House  against  further  debate,  yet,  if  he  chooses, 
he  has  a  right  to  go  on. 

The  practice  of  the  House  of  Representatives  has  modified  the  prin- 
ciple that  the  Member  who  rises  first  is  to  be  recognized  (Rule  XIV, 
cl.  2) ;  but  in  other  respects  the  principles  of  this  paragraph  of  the  law 
of  Parliament  are  in  force. 

When  the  House  commands,  it  is  by  an  "order." 

i  MS  order. and  ^u*  ^^  principles,  and  their  own 
resolutions  of  the  opinions  and  purposes,  are  expressed 
Houfle'  in  the  form  of  resolutions. 

A  resolution  for  an  allowance  of  money  to  the 
clerks  being  moved,  it  was  objected  to  as  not  in 
order,  and  so  ruled  by  the  Chair;  but  on  appeal  to 
the  Senate  (i.  e.,  a  call  for  their  sense  by  the  Presi- 
dent, on  account  of  doubt  in  his  mind,  according  to 
Rule  XX,  clause  2)  the  decision  was  overruled. 
Jour.,  Senate,  June  1,  1796.  I  presume  the  doubt 
was,  whether  an  allowance  of  money  could  be  made 
otherwise  than  by  bill. 

In  the  modern  practice  concurrent  resolutions  have  been  developed  as 
a  means  of  expressing  fact,  principles,  opinions,  and 
^litton^^to         P^P°ses  of  the  two  Houses  (II,  1566,  1567).    Joint 
two  Houses.  committees  are  authorized  by  resolutions  of  this 

form  (III,  1998,  1999),  and  they  are  used  in  author- 
izing a  correction  of  bills  agreed  to  by  both  Houses  (VII,  1042),  amend- 

[179] 


JETTERSOK'S  MANUAL 

H  397, 398. 

ment  of  enrolled  bills  (VII,  1041),  amendment  of  conference  reports 
(VIII,  3308),  requests  for  return  of  bills  sent  to  the  President  (VII, 
1090,  1091),  providing  for  joint  session  to  receive  message  from  the 
President  (VIII,  3335,  3336),  and  fixing  time  for  final  adjournment 
(VIII,  3365).  A  concurrent  resolution  is  binding  on  neither  House 
until  agreed  to  by  both  (IV,  3379).  It  is  not  sent  to  the  President  for 
approval  unless  it  contain  a  proposition  of  legislation,  which  is  not 
within  the  scope  of  the  modern  form  of  concurrent  resolution  (IV,  3484). 
Another  development  of  the  modern  practice  is  the  joint  resolution, 
•which  is  a  bfll  so  far  as  the  processes  of  the  Congress 
liw  J0int  reS°IU"  in  relation  to  it  are  concerned  (IV,  3375;  VII,  1036). 
With  the  exception  of  joint  resolutions  proposing 
amendments  to  the  Constitution  (V,  7029),  all  these  resolutions  are 
sent  to  the  President  for  approval  and  have  the  full  force  of  law.  They 
are  used  for  what  may  be  called  the  incidential,  unusual,  or  inferior 
purposes  of  legislating  (IV,  3372),  as  extending  the  national  thanks 
to  individuals  (IV,  3370),  the  invitation  to  La  Fayette  to  visit  America 
(V,  7082,  footnote),  the  welcome  to  Kossuth  (V,  7083),  notice  to  a 
foreign  government  of  the  abrogation  of  a  treaty  (V,  6270),  declaration 
of  intervention  in  Cuba  (V,  6321),  correction  of  an  error  in  an  existing 
act  of  legislation  (IV,  3519;  VII,  1092),  enlargement  of  scope  of  inqui- 
ries provided  by  law  (VII,  1040),  election  of  managers  for  National 
Soldiers'  Homes  (V,  7336),  special  appropriations  for  minor  and  inci- 
dental purposes  (V,  7319).  At  one  time  they  were  used  for  purposes 
of  general  legislation;  but  the  two  Houses  finally  concluded  that  a  bill 
was  the  proper  instrumentality  for  this  purpose  (IV,  3370-3373).  A 
joint  resolution  has  been  changed  to  a  bill  by  amendment  (IV,  3374), 
but  in  the  later  practice  it  has  become  impracticable  to  do  so. 


SBC.  XXIII.—BILLS,  LEAVE  TO  BRING  IN 

When  a  Member  desires  to  bring  in  a  bill  on  any 
5  sea.  obsolete p«>-   subject,  he  states  to   the  House  in 

visions  as  to  intn 
duction  of  bills. 


visions  as  to  intro-     general  terms  the  causes  for  doing  it, 
and  concludes  by  moving  for  leave  to 
bring  in  a  bill,  entitled,  &c.    Leave  being  given, 


[180] 


JEFFERSON'S 

§399. 

on  the  question,  a  committee  is  appointed  to  prepare 
and  bring  in  the  bill.  The  mover  and  seconder  are 
always  appointed  of  this  committee,  and  one  or  more 
in  addition.  Hakew.,  182;  Scob.,  40.  It  is  to  be 
presented  fairly  written,  without  any  erasure  or 
interlineation,  or  the  Speaker  may  refuse  it.  Scob., 
41;  1  Grey,  82,  84. 

This  provision  is  obsolete,  Rule  XXII,  cl.  1-4,  providing  an  entirely 
different  method  of  introducing  bills.  The  introduction  of  bills  by 
leave  was  gradually  dropped  by  the  practice  of  the  House,  and  after 
1850  the  present  free  system  of  permitting  Members  to  introduce  at 
will  bills  for  printing  and  reference  began  to  develop  (IV,  3365) . 

SEC.  XXIV. — BILLS,  FIRST  READING. 

When  a  bill  is  first  presented,  the  Clerk  reads  it  at 
§  399.  obsolete  the  table,  and  hands  it  to  the  Speaker, 
who,  rising,  states  to  the  House  the 
title  of  the  bill;  that  this  is  the  first 
time  of  reading  it;  and  the  question  will  be,  whether 
it  shall  be  read  a  second  time?  then  sitting  down 
to  give  an  opening  for  objections.  If  none  be  made, 
he  rises  again,  and  puts  the  question,  whether  it 
shall  be  read  a  second  time?  Hakew.,  137,  141-  A 
bill  cannot  be  amended  on  the  first  reading,  6  Grey, 
286;  nor  is  it  usual  for  it  to  be  opposed  then,  but  it 
may  be  done,  and  rejected.  D'Ewes,  335,  col.  1; 
3  Hats.,  198. 

This  provision  is  obsolete,  the  practice  under  Rule  XXI,  cl.  1,  now 
governing  the  procedure  of  the  House  of  Representatives. 


62581°— H.  Doc.  459,  86-2 13      [181] 


JEFFERSON'S  MANUAL 

{§400,401. 

SEC.  XXV.  —  BILLS,  SECOND  BEADING. 

The  second  reading  must  regularly  be  on  another 
day.  Hakew.,  14$>  It  is  done  by  the 
Clerk  at  the  table,  who  then  hands  it 
to  the  Speaker.  The  Speaker,  rising, 
readin*"  states  to  the  House  the  title  of  the 

bill;  that  this  is  the  second  time  of  reading  it;  and 
that  the  question  will  be,  whether  it  shall  be  com- 
mitted, or  engrossed  and  read  a  third  time?  But  if 
the  bill  came  from  the  other  House,  as  it  always 
comes  engrossed,  he  states  that  the  question  will  be, 
whether  it  shall  be  read  a  third  time?  and  before  he 
has  so  reported  the  state  of  the  bill,  no  one  is  to 
speak  to  it.  Hakew.,  143,  146. 

In  the  Senate  of  the  United  States,  the  President 
reports  the  title  of  the  bill;  that  this  is  the  second 
time  of  reading  it;  that  it  is  now  to  be  considered 
as  in  a  Committee  of  the  Whole;  and  the  question 
will  be,  whether  it  shall  be  read  a  third  time?  or  that 
it  may  be  referred  to  a  special  committee? 

The  provisions  of  this  paragraph  are  to  a  large  extent  obsolete  so 
far  as  the  House  of  Representatives  is  concerned,  the  practice  under 
Rule  XXI,  cl.  1,  now  governing. 

SEC.  XXVI.—  BILLS,  COMMITMENT. 

If  on  motion  and  question  it  be  decided  that  the 
kill  s^a^  ^e  committed,  it  may  then  be 


(largely       moved  to  be  referred  to  Committee  of 

Obsolete)  as  to 

reference  of  bais  to    the  Whole  House,  or  to  a  special  com- 
mittee.   If    the   latter,    the    Speaker 

[182] 


JEFFERSON'S 

§402. 

proceeds  to  name  the  committee.  Any  member  also 
may  name  a  single  person,  and  Clerk  is  to  write  him 
down  as  of  the  committee.  But  the  House  have  a 
controlling  power  over  the  names  and  number,  if  a 
question  be  moved  against  any  one;  and  may  in  any 
case  put  iii  and  put  put  whom  they  please. 

This  paragraph  is  to  a  large  extent  obsolete  under  the  rules  and 
practice  of  the  House  of  Representatives.  Bills  are  referred  in  the 
first  instance  by  the  Speaker  to  standing  committees  as  prescribed  by 
the  rules  (Rules  XI  and  XXII),  and  references  to  the  Committee  of 
the  Whole  are  also  made  in  the  first  instance  under  direction  of  the 
Speaker  (Rule  XIII,  cl.  2).  Reference  of  a  matter  under  consideration 
is  made  by  a  motion  to  refer  which  specifies  the  committee  and  may 
provide  for  a  select  committee  of  a  specified  number  of  persons  (IV, 
4402).  But  such  committee  is  appointed  only  by  the  Speaker  (Rule 
X,  §  671). 

House  of  Representatives  Rule  XVII  provides  that  the  Speaker  may 
entertain  a  motion  to  commit  with  or  without  instructions  to  a  standing 
committee. 

Those  who  take  exceptions  to  some  particulars  in 
§  402.  obsolete  the  bill  are  to  be  of  the  committee,  but 
^tf^To?  none  who  speak  directly  against  the 
committees.  body  of  the  bill;  for  he  that  would 

totally  destroy  will  not  amend  it,  Hakew.}  146; 
Town.,  col,  208;  D'Ewes,  634,  col  %;  Scob.,  47;  or 
as  is  said,  5  Grey,  145,  the  child  is  not  to  be  put  to  a 
nurse  that  cares  not  for  it,  6  Grey,  873.  It  is  there- 
fore a  constant  rule  "that  no  man  is  to  be  employed 
in  any  matter  who  has  declared  himself  against  it." 
And  when  any  member  who  is  against  the  bill  hears 
himself  named  of  its  committee  he  ought  to  ask  to 
be  excused.  Thus,  March  7,  1806,  Mr.  Hadley  was, 

[183] 


JEFFERSON'S 

on  the  question  being  put,  excused  from  being  of  a 
committee,  declaring  himself  to  be  against  the  matter 
itself.  Scab.,  46. 

This  provision  is  entirely  inapplicable  in  the  House  of  Representa- 
tives, where  the  standing  committees  with  majority  and  minority 
representation  (IV,  4467,  4477,  footnote,  4478)  consider  most  of  the 
bills.  And  in  the  infrequent  occasions  when  a  select  committee  is 
appointed  the  minority  party  is  always  represented  in  the  membership. 

The  Clerk  may  deliver  the  bill  to  any  member  of 
5  403.  Delivery  of  the  committee,  Town,  col  138;  but  it 
bins  to  committees.  is  usual  to  deliver  it  to  him  who  is  first 

named. 

Where  committees  have  clerks  and  rooms,  the  bills  are  delivered  to 
the  clerk  in  the  room. 

In  some  cases  the  House  has  ordered  a  committee 
to  withdraw  immediately  into  the  com- 
r  order-    mittee  chamber  and  act  on  and  bring 


back  the  bill,  sitting  the  House.    Scob., 

back  a  bill.  /g        *       *       * 

This  procedure  is  never  followed  in  the  House  of  Representatives,  as 
the  order  of  business  leaves  no  place  for  such  an  order,  except  it  be 
offered  by  unanimous  consent. 

When  a  bill  is  under  consideration,  however,  the  House  may  on 
motion    commit    it    with    instructions    to    report 
"forthwith"    with    certain    specified    amendment 
r^tTorthwKhT        (Vf  5548,  5549),  in  which  case  the  chairman  of  the 
committee  reports  at  once  without  awaiting  action 
of  the  committee  (V,  5545-5547;  VIII,  2730,  2732)  and  the  bill  is  in 
order  for  immediate  consideration  (V,  5550;  VIII,  2735). 

The  motion  to  discharge  a  committee  from  the  consideration  of  an 
ordinary  legislative  proposition  is  not  privileged  un- 
der the  rules  (IV,  3533,  4693;  VIII,  2316),  but  where 
a  matter  involves  a  question  of  privilege  (III,  2585, 
2709;  VIII,  2316),  or  is  privileged  under  the  rule  relating  to  resolutions 

[184] 


JEFFERSON'S 

S§  407,  408. 

of  Inquiry  (Rule  XXII,  cl.  5;  III,  1871;  IV,  4695)  the  motion  to  dis- 
charge is  admitted.  The  motion  is  not  debatable  (III,  1868;  IV,  4695), 
except  under  clause  4,  Rule  XXVII,  and  may  be  laid  on  the  table 
(V,  5407;  VI,  415),  but  the  question  of  consideration  may  not  be 
demanded  against  it  (V,  4977). 

*    *     *    A  committee  meet  when  and  where  they 
&^r  TVT  «  „         please,  if  the  House  has  not  ordered 

§  4U7.  JYieetiiigs  ^ 

and  action  of  time  and  place  for  them,  6  Grey,  870; 

comml*tees'  but  they  can  only  act  when  together, 

and  not  by  separate  consultation  and  consent — 
nothing  being  the  report  of  the  committee  but  what 
has  been  agreed  to  in  committee  actually  assembled. 

In  the  House  of  Representatives  the  standing  committees  usually 
meet  in  their  committee  rooms,  but  there  is  no  rule  requiring  them  to 
meet  there,  and  in  the  absence  of  direction  by  the  House,  committees 
designate  the  time  and  place  of  their  meetings  (VIII,  2214). 

Standing  committees  (except  the  Committee  on  Appropriations)  fix 
regular  weekly,  biweekly,  or  monthly  meeting  days  for  the  transaction 
of  business,  and  additional  meetings  may  be  called  by  the  chairman 
as  he  may  deem  necessary  (§  734).  Where  a  committee  has  a  fixed 
date  of  meeting,  a  quorum  of  the  committee  may  convene  on  such 
date  without  call  of  the  Chairman  and  transact  business  regardless  of 
his  absence  (VIII,  2214).  A  committee  meeting  being  adjourned  by 
the  chairman  for  lack  of  a  quorum,  a  majority  of  the  members  of  the 
committee  may  not,  without  the  consent  of  the  chairman,  call  a  meet- 
ing of  the  committee  on  the  same  day  (VIII,  2213) . 

The  House  has  adhered  to  the  principle  that  a  report  must  be  author- 
ized by  a  committee  acting  together,  and  a  paper 
5  408.  Authoriza-  signed  by  a  majority  of  the  committee  acting  sep- 
^[«^rtS°f  arately  was  ruled  out  (IV,  4584;  VIII,  2210-2212, 
2220;  see  also  §  735),  It  is  the  duty  of  the  chair- 
man of  each  committee  to  report  or  cause  to  be  reported  promptly 
any  measure  approved  by  his  committee  and  to  take  or  cause  to  be 
taken  necessary  steps  to  bring  the  matter  to  a  vote  (§  735) .  Author- 
ity of  a  committee  directing  its  Chairman  to  use  all  parliamentary 
means  to  bring  a  bill  before  the  House  was  held  to  include  the  right  to 
call  up  the  bill  on  Calendar  Wednesday  (VIII,  2217).  Clause  26  (d) 

[185] 


JEITERSON'S  MANUAL 

§409. 

of  Rule  XI,  requiring  the  chairman  of  each  committee  to  report  or 
cause  to  be  reported  promptly  measures  approved  by  his  committee 
and  to  take  such  necessary  steps  to  bring  the  matter  to  a  vote,  is 
sufficient  authority  for  the  chairman  to  call  up  a  bill  on  Calendar 
Wednesday  (Speaker  Rayburn  Feb.  22,  1950,  p.  2161).  No  measure 
or  recommendation  shall  be  reported  from  any  committee  unless  a 
majority  of  the  committee  were  actually  present  (§  735).  A  report  is 
sometimes  authorized  by  less  than  a  majority  of  the  whole  committee, 
some  members  being  silent  or  absent  (II,  985,  986) .  In  a  rare  instance 
a  majority  of  a  committee  agreed  to  a  report,  but  disagreed  on  the 
facts  necessary  to  sustain  the  report  (I,  819).  It  is  not  uncommon  for 
a  committee  to  find  itself  unable  to  agree  to  a  positive  recommendation, 
being  equally  divided,  in  which  case  it  may  report  the  fact  to  the 
House  (I,  347:  IV,  4665,  4666),  sometimes  with  evidence  and  majority 
and  minority  views  (III,  2403),  with  minority  views  alone  (II,  945), 
or  with  propositions  representing  the  opposing  contentions  (III,  2497; 
IV,  4664) .  It  is  not  essential  that  the  report  of  a  committee  be  signed 
(II,  1274;  VIII,  2229),  but  the  minority  views  are  signed  by  those 
concurring  in  them  (IV,  4671;  VIII,  2229) .  In  case  where  a  majority 
of  a  committee  signed  a  report  it  was  held  valid,  although  a  necessary 
one  of  that  majority  did  not  concur  in  all  the  statements  (IV,  4587) . 
If  a  report  is  actually  sustained  by  the  majority  of  a  committee,  it  is 
not  impeached  by  the  fact  that  a  less  number  sign  it  (II,  1091),  or  by 
the  fact  that  later  by  the  action  of  absentees  more  than  a  majority  of 
the  whole  committee  are  found  to  have  signed  minority  views  (IV, 
4585).  Objection  being  made  that  a  report  had  not  been  authorized 
by  a  committee  and  there  being  doubt  as  to  the  validity  of  the  author- 
ization, the  question  as  to  the  reception  of  the  report  is  submitted  to 
the  House  (IV,  4588-4591) .  But  where  the  Speaker  is  satisfied  of  the 
validity  or  of  the  invalidity  of  the  authorization  he  may  decide  the 
question  (IV,  4584,  4592,  4593;  VIII,  2211,  2212,  2222-2224)..  And 
in  a  case  wherein  it  was  shown  that  a  majority  of  a  committee  had 
met  and  authorized  a  report  he  did  not  heed  the  fact  that  the  meeting 
was  not  regularly  called  (IV,  4594) .  A  bill  improperly  reported  is  not 
entitled  to  its  place  on  the  calendar  (IV,  3117);  but  the  validity  of  a 
report  may  not  be  questioned  after  the  House  has  voted  to  consider  it 
(IV,  4598),  or  after  actual  consideration  has  begun  (IV,  4599;  VIII, 
2223,  2225). 

5  409.  The  A  majority  of  the  committee  consti- 

« 8™di°iT  "eiec*     tutes  a  quorum  for  business.    Elsynge's 
committee.  Method  of  Passing  Bills,  11. 

No  measure  or  recommendation  shall  be  reported  from  any  com- 
mittee unless  a  majority  of  the  committee  were  actually  present  (§  735) . 

[186] 


JEFFEBSON'S  MANUAL 

§§  410-412. 

Each  committee  may  fix  the  number  of  its  members,  but  not  less 
than  two,  to  constitute  a  quorum  for  taking  testimony  and  receiving 
evidence  (§  735). 

A  quorum  of  a  committee  may  transact  business  and  a  majority  of 
the  quorum,  even  though  it  be  a  minority  of  the  whole  committee,  may 
authorize  a  report  (IV,  4586),  but  an  actual  quorum  of  a  committee 
must  be  present  to  make  action  taken  valid  (VIII,  2212,  2222),  unless 
the  House  authorizes  less  than  a  quorum  to  act  (IV,  4553,  4554). 
A  quorum  of  a  committee  must  be  present  when  alleged  perjurious 
testimony  is  given  in  order  to  support  a  charge  of  perjury  (Christoffel 
v.  U.  S.,  338  U.  S.,  84;  U.  S.  v.  Bryan,  339  U.  S.,  323;. 

Any  Member  of  the  House  may  be  present  at  any 
$  410.  presence  select  committee,  but  can  not  vote,  and 
the^eSf  must  give  place  to  all  of  the  commit- 
seiect  committee.  faej  an(j  gft  below  them.  Elsyuge,  12; 

Scob.,  49. 

It  does  not  appear  that  the  relations  of  this  provision  to  the  principle 
that  a  committee  may  conduct  its  proceedings  in  secret  (IV,  4557-4564) 
has  been  determined  in  the  House  of  Representatives. 

The  committee  have  full  power  over  the  bill  or 
§  411.  power  of        other  paper  committed  to  them,  except 
r        that  they  can  not  change  the  title  or 
subject.     8  Grey,  228. 

In  the  House  of  Representatives  committees  may  recommend  amend- 
ments to  the  body  of  a  bill  or  to  the  title  but  may  not  otherwise  change 
the  text. 

The  paper  before  a  committee,  whether  select  or  of 
§  4i2.  pariiamen-  ^e  whole,  may  be  a  bill,  resolutions, 
tary  law  governing  draught  of  an  address,  &c.,  and  it  may 

consideration  of  '      .    -  ..  •    T          i  i 

bills,  etc.,  in  either  originate  with  them  or  be  re- 

committees.  f  erred  to  them.    In  every  case  the  whole 

paper  is  read  first  by  the  Clerk,  and  then  by  the  chair- 
man, by  paragraphs,  Scot.,  49,  pausing  at  the  end  of 
ea,ch  paragraph,  and  putting  questions  for  amend- 
ing, if  proposed.  In  the  case  of  resolutions  or  dis- 
tinct subjects,  originating  with  themselves,  a  question 

[187] 


JEFFERSON'S  MANUAL 
His. 

is  put  on  each  separately,  as  amended  or  unamended, 
and  no  final  question  on  the  whole,  S  Hats.,  276;  but 
if  they  relate  to  the  same  subject,  a  question  is  put 
on  the  whole.  If  it  be  a  bill,  draught  of  an  address, 
or  other  paper  originating  with  them,  they  proceed 
by  paragraphs,  putting  questions  for  amending, 
either  by  insertion  or  striking  out,  if  proposed;  but 
no  question  on  agreeing  to  the  paragraphs  sepa- 
rately; this  is  reserved  to  the  close,  when  a  question 
is  put  on  the  whole,  for  agreeing  to  it  as  amended  or 
unamended.  But  if  it  be  a  paper  referred  to  them, 
they  proceed  to  put  questions  of  amendment,  if  pro- 
posed, but  no  final  question  on  the  whole;  because 
all  parts  of  the  paper,  having  been  adopted  by  the 
House,  stand,  of  course,  unless  altered  or  struck  out 
by  a  vote.  Even  if  they  are  opposed  to  the  whole 
paper,  and  think  it  can  not  be  made  good  by  amend- 
ments, they  can  not  reject  it,  but  must  report  it  back 
to  the  House  without  amendments,  and  there  make 
their  opposition. 

In  the  House  of  Representatives  it  has  generally  been  held  that  a 
select  or  standing  committee  may  not  report  a  bill  whereof  the  subject- 
matter  has  not  been  referred  to  them  (IV,  4355-4360) .  In  the  older 
practice  the  Committee  of  the  Whole  originated  resolutions  and  bills 
(IV,  4705) ;  but  the  later  development  of  the  rules  governing  the  order 
of  business  would  prevent  the  offering  of  a  motion  to  go  into  Committee 
of  the  Whole  for  such  a  purpose,  except  by  unanimous  consent. 

The  natural  order  in  considering  and  amending 
\  4«.  order  of        any  PaPer  is> to  begin  at  the  beginning, 
anc*  Procee(*  through  it  by  paragraphs; 
and  this  order  is  so  strictly  adhered  to 

[188] 


JEFFERSON'S  MANTJAX. 

§414. 

in  Parliament,  that  when  a  latter  part  has  been 
amended,  you  can  not  recur  back  and  make  any  alter- 
ation in  a  former  part.  8  Hats.,  90.  In  numerous 
assemblies  this  restraint  is  doubtless  important.  But 
in  the  Senate  of  the  United  States,  though  in  the 
main  we  consider  and  amend  the  paragraphs  in  their 
natural  order,  yet  recurrences  are  indulged;  and  they 
seem,  on  the  whole,  in  that  small  body,  to  produce 
advantages  over  weighing  their  inconveniencies. 

In  the  House  of  Representatives  amendments  to  paragraphs  or 
sections  are  made  in  Committee  of  the  Whole  under  Rule  XXIII,  cl.  5. 
In  the  House  itself  amendments  to  House  bills  are  made  pending  the 
engrossment  and  third  reading  (IV,  3392;  V,  5781;  VII,  1051),  and  to 
Senate  bills  before  the  third  reading  (IV,  3393).  Amendments  are 
offered  to  any  part  of  the  bill,  without  proceeding  consecutively  with 
the  several  paragraphs  or  sections  (IV,  3392).  In  Committee  of  the 
Whole  the  procedure  is  different. 

To  this  natural  order  of  beginning  at  the  beginning 

§  414.  Preamble  there  IS  a  SHlgle  exception  fOUnd  U1  par- 

amended  after  liamentary  usage.    When  a  bill  is  taken 

the  body  of  the  ./  o 

mi  has  been  up  in  committee,  or  on  its  second  read- 

consi  ere  .       they  postpone  the  preamble  till  the 


other  parts  of  the  bill  are  gone  through.  The  reason 
is,  that  on  consideration  of  the  body  of  the  bill  such 
alterations  may  therein  be  made  as  may  also  occasion 
the  alteration  of  the  preamble.  Scob.}  50;  7  Grey,  431  . 
On  this  head  the  following  case  occurred  in  the 
Senate,  March  6,  1800:  A  resolution  which  had  no 
preamble  having  been  already  amended  by  the  House 
so  that  a  few  words  only  of  the  original  remained  in  it, 
a  motion  was  made  to  prefix  a  preamble,  which  hav- 

[189] 


JEFFERSONS 

1414 

ing  an  aspect  very  different  from  the  resolution,  the 
mover  intimated  that  he  should  afterwards  propose 
a  correspondent  amendment  in  the  body  of  the  reso- 
lution. It  was  objected  that  a  preamble  could  not  be 
taken  up  till  the  body  of  the  resolution  is  done  with; 
but  the  preamble  was  received,  because  we  are  in  fact 
through  the  body  of  the  resolution;  we  have  amended 
that  as  far  as  amendments  have  been  offered,  and,  in- 
deed, till  little  of  the  original  is  left.  It  is  the  proper 
time,  therefore,  to  consider  a  preamble;  and  whether 
the  one  offered  be  consistent  with  the  resolution  is  for 
the  House  to  determine.  The  mover,  indeed,  has  in- 
timated that  he  shall  offer  a  subsequent  proposition 
for  the  body  of  the  resolution;  but  the  House  is  not 
in  possession  of  it;  it  remains  in  his  breast,  and  may 
be  withheld.  The  rules  of  the  House  can  only  operate 
on  what  is  before  them.  The  practice  of  the  Senate, 
too,  allows  recurrences  backward  and  forward  for 
the  purpose  of  amendment,  not  permitting  amend- 
ments in  a  subsequent  to  preclude  those  in  a  prior 
part,  or  e  converse. 

In  the  practice  of  the  House  of  Representatives  the  preamble  of  a 
bill  or  joint  resolution  is  agreed  to  most  conveniently  after  the  engross- 
ment and  before  the  third  reading  (IV,  3414;  V,  5469,  5470;  VII, 
1064),  and  after  an  amendment  to  the  preamble  has  been  considered 
it  is  too  late  to  propose  amendment  to  the  text  of  the  bill  (VII,  1065). 
On  the  passage  of  a  bill  or  joint  resolution  a  separate  vote  may  not  be 
demanded  on  the  preamble  (V,  6147,  6148) ;  but  where  a  simple  resolu- 
tion of  the  House  has  a  preamble,  the  preamble  may  be  laid  on  the 
table  without  affecting  the  status  of  the  accompanying  resolution 
(V,  5430). 


[190] 


JEFFERSON'S 

f  {  415,  416. 

When  the  committee  is  through  the  whole,  a  Mem- 
§  4i5.  Directions  ber  moves  that  the  committee  may  rise, 
ilESST**  and  the  chairman  report  the  paper  to 
rep°rt-  the  House,  with  or  without  amend- 

ments,  as  the  case  may  be.     2  Hats.,  289,  292;  Scab., 
58;  2  Hats.,  290;  8  Scob.,  50. 

Clause  26  (d)  of  Rule  XI  provides  that  it  shall  be  the  duty  of  the 
Chairman  of  each  committee  to  report  or  cause  to  be  reported  promptly 
any  measure  approved  by  his  committee  and  to  take  or  cause  to  be 
taken  necessary  steps  to  bring  the  matter  to  a  vote.  In  the  House  of 
Representatives  a  committee  may  order  its  report  to  be  made  by  the 
chairman  (IV,  4669),  or  by  any  other  member  of  the  committee  (IV, 
4526)  ,  even  though  he  be  a  member  of  the  minority  party  (IV,  4672, 
4673;  VIII,  2314).  Only  the  chairman  makes  report  for  the  Com- 
mittee of  the  Whole  (V,  6987). 

When  a  vote  is  once  passed  in  a  committee  it  can 
54i«.  AS  to  not  be  altered  but  by  the  House,  their 

^tetoerationof      votes    being   binding   on   themselves, 

committee.  ^QQ7  ',  JuUB  4. 


This  provision  of  the  parliamentary  law  has  been  held  to  prevent 
the  use  of  the  motion  to  reconsider  in  Committee  of  the  Whole  (IV, 
4716-4718;  VIII,  2324,  2325)  but  is  in  order  in  the  House  as  in  the 
Committee  of  the  Whole  (VIII,  2793).  The  early  practice  seems  to 
have  inclined  against  the  use  of  the  motion  in  a  standing  or  select 
committee  (IV,  4570,  4596),  but  there  is  a  precedent  which  authorized 
the  use  of  the  motion  (IV,  4570,  4596),  and  on  June  1,  1922,  the  Com- 
mittee on  Rules  rescinded  previous  action  taken  by  the  Committee 
authorizing  a  report.  In  the  later  practice  the  motion  to  reconsider 
is  in  order  in  the  standing  committees  and  may  be  made  on  the  same 
day  on  which  the  action  is  taken  or  on  the  next  day  thereafter  on 
which  the  committee  convenes  with  a  quorum  present  (VIII,  2213), 
but  a  session  adjourned  without  having  secured  a  quorum  is  a  dies 
non  and  not  to  be  counted  in  determining  the  admissibility  of  a 
motion  to  reconsider  (VIII,  2213).  This  provision  does  not  prevent 
a  committee  from  reporting  a  bill  similar  to  one  previously  reported 
by  such  committee  (VIII,  2311). 

[191] 


JEFFERSON'S  MANUAL 

§5417,418. 

The  committee  may  not  erase,  interline,  or  blot  the 
§417.  Method  of  bill  itself;  but  must,  in  a  paper  by 
noting  itself  set  down  the  amendments,  stating 

amendments  to  a  t  ° 

bill  in  committee,  the  words  which  are  to  be  inserted  or 
omitted,  Scob.,  SO,  and  where,  by  references  to  page, 
line,  and  word  of  the  bill.  Scob.,  SO. 

This  practice  is  still  in  force  as  to  Senate  bills,  of  which  the  engrossed 
copies  can  not  be  in  any  way  interlined  or  altered  by  House  committees. 
But  the  care  for  the  preservation  of  the  original  copies  of  House  bills 
has  long  since  become  obsolete. 

SEC.  XXVII. — BEPORT  OF  COJVO1ITTEE. 

The  chairman  of  the  committee,  standing  in  his 
HIS.  Pariiamen-  place,  informs  the  House  that  the  com- 
mittee  to  whom  was  referred  such  a 
bill,  have,  according  to  order,  had  the 
same  under  consideration,  and  have  directed  him  to 
report  the  same  without  any  amendment,  or  with 
sundry  amendments  (as  the  case  may  be),  which  he 
is  ready  to  do  when  the  House  pleases  to  receive  it. 
And  he  or  any  other  may  move  that  it  be  now  re- 
ceived; but  the  cry  of  "now,  now,"  from  the  House, 
generally  dispenses  with  the  formality  of  a  motion 
and  question.  He  then  reads  the  amendments,  with 
the  coherence  in  the  bill,  and  opens  the  alterations 
and  the  reasons  of  the  committee  for  such  amend- 
ments, until  he  has  gone  through  the  whole.  He 
then  delivers  it  at  the  Clerk's  table,  where  the 
amendments  reported  are  read  by  the  Clerk  without 
the  coherence;  whereupon  the  papers  lie  upon  the 

[192] 


JEFFERSON'S  MANUAL 

§§  419.  420. 

table  till  the  House,  at  its  convenience,  shall  take  up 
the  report.     Scob.,  52;  Hakew.,  148. 

This  provision  is  to  a  large  extent  obsolete  so  far  as  the  practice  of 
the  House  of  Representatives  is  concerned.  Most  of  the  reports  of 
committees  are  made  by  filing  them  with  the  Clerk  without  reading 
(Rule  XIII,  cl.  2) ,  and  only  the  reports  of  committees  having  leave  to 
report  at  any  tune  are  made  by  the  chairman  or  other  member  of  the 
committee  from  the  floor  (Rule  XI,  §  726) .  While  the  privileged  reports 
are  frequently  acted  on  when  presented,  yet  the  general  rule  (Rule 
XIII,  cl.  1)  is  that  reports  shall  be  placed  on  the  calendars  of  the  House, 
there  to  await  action  under  the  rules  for  the  order  of  business  (Rule 
XXIV). 

The  report  being  made,  the  committee  is  dissolved 
§4w.  Reports;  and  can  act  no  more  without  a  new 
power.  Scob.  51.  But  it  may  be  re- 
vived  by  B,  vote,  and  the  same  matter 
recommitted  to  them.  4  Grey,  361. 

This  provision  does  not  apply  to  the  Committees  of  the  Whole  as 
they  exist  in  the  House  of  Representatives  at  the  present  time  or  to  the 
standing  committees.  It  does  apply  to  select  committees,  which  ex- 
pire when  they  report  finally,  but  may  be  revived  by  the  action  of  the 
House  in  referring  in  open  House  a  new  matter  (IV,  4404,  4405).  A 
select  committee  expires  at  the  end  of  a  session  (IV,  4394-4399),  and 
this  limitation  applies  also  to  joint  select  committees  (IV,  4420). 
The  provision  does  not  preclude  a  standing  committee  from  reporting 
a  bill  similar  to  one  previously  reported  by  such  committee  (VIII,  2311) . 

SEC.    XXVIII. BILL,    EE COMMITMENT. 

After  a  bill  has  been  committed  and  reported,  it 
ought  not,  in  any  ordinary  course,  to 

§  420.  Recom-  m  .  _   . 

mittaiofabnito       be  recommitted ;  but  in  cases  of  impor- 
a  committee.  tance,   and   for  special  reasons,   it  is 

sometimes  recommitted,   and  usually  to  the  same 
committee.     Hakew,    151.     If   a   report   be   recom- 

[193] 


JEFFERSON'S  MANUAL. 

${  421,  422. 

mitted  before  agreed  to  in  the  House,  what  has 
passed  in  committee  is  of  no  validity;  the  whole 
question  is  again  before  the  committee,  and  a  new 
resolution  must  be  again  moved,  as  if  nothing  had 
passed.  8  Hats.,  181— note. 

In  Senate,  January,  1800,  the  salvage  bill  was  re- 
committed three  times  after  the  commitment. 

Where  a  matter  is  recommitted  with,  instructions  the  committee  must 
confine  itself  within  the  instructions  (IV,  4404),  and  if  the  instructions 
relate  to  a  certain  portion  only  of  a  bill,  other  portions  may  not  be 
reviewed  (V,  5526).  When  a  report  has  been  disposed  of  adversely 
a  motion  to  recommit  it  is  not  in  order  (V,  5559) .  Bills  are  sometimes 
recommitted  to  the  Committee  of  the  Whole  as  the  indirect  result  of 
the  action  of  the  House  (Rule  XXIII,  cl.  7;  IV,  4784)  or  directly  on 
motion  either  with  or  without  instructions  (V,  5552,  5553) . 

A  particular  clause  of  a  bill  may  be  committed 
§431.  Division  of  without  the  whole  bill,  3  Hats.,  181;  or 
^fe^cfto  so  much  of  a  paper  to  one  and  so  much 

committees.  ^Q  another  committee. 

In  the  usage  of  the  House  before  the  rules  provided  that  petitions 
•hould  be  filed  -with  the  Clerk  instead  of  being  referred  from  the  floor, 
it  was  the  practice  to  refer  a  portion  of  a  petition  to  one  committee  and 
the  remainder  to  another  when  the  subject  matter  called  for  such 
division  (IV,  3359).  Communications,  such  as  the  report  of  the 
National  Advisory  Committee  for  Aeronautics  (January  27,  1955, 
p.  854),  are  sometimes  divided  for  reference.  But  a  bill  or  a  joint 
resolution  (IV,  4376)  may  not  be  divided,  although  it  may  contain 
matters  properly  within  the  jurisdiction  of  several  committees  (IV, 
4372). 

SEC.   XXIX. — BILL,   BEPOKTS  TAKEN   UP. 

When  the  report  of  a  paper  originating  with  a  com- 
1422.  comdem-  ^tee  is  taken  up  by  the  House,  they 
oon  ana  ,cti<m  on  proceed  exactly  as  in  committee.  Here, 

r«p*rta.  .  } 

as  in  committee,  when  the  paragraphs 

[194] 


JEFFERSON'S 

§428. 

have,  on  distinct  questions,  been  agreed  to  seriatim,  6 
Grey,  866;  6  Grey,  368;  8  Grey,  47,  104,  360;  1  Tor- 
buck's  Deb.,  125;  3  Hats.,  348,  no  question  needs  be 
put  on  the  whole  report.  5  Grey,  381. 

In  the  House  of  Representatives  committees  usually  report  bills,  joint 
resolutions,  concurrent  resolutions,  or  simple  resolutions.  These  come 
before  the  House  for  action  while  the  written  reports  accompanying 
them,  which  are  always  printed,  do  not  (IV,  4674)  ,  and  even  the  reading 
of  the  reports  is  in  order  only  in  the  time  of  debate  (V,  5292).  In  rare 
instances,  however,  committees  submit  merely  written  reports  without 
propositions  for  action.  Such  reports  being  before  the  House  may  be 
debated  before  any  specific  motion  has  been  made  (V,  4987,  4988),  and 
are  in  such  case  read  to  the  House  (I  V,4663)  and  after  being  considered 
the  question  is  taken  on  agreeing.  In  such  cases  the  report  appears  in 
full  on  the  Journal  (II,  1364;  IV,  4675;  V,  7177).  When  reports  are 
acted  on  in  this  way  it  has  not  been  the  practice  of  the  House  to  consider 
them  by  paragraphs,  but  the  question  has  been  put  on  the  whole  report 
(II,  1364). 

On  taking  up  a  bill  reported  with  amendments  the 

423  Action  b         amendments  only  are  read  by  the  Clerk 

the  House  on          The  Speaker  then  reads  the  first,  and 


puts  it  to  the  question,  and  so  on  till  the 
committees.  whole  are  adopted  or  rejected,  before 

any  other  amendment  be  admitted,  except  it  be  an 
amendment  to  an  amendment.     Elsynge's  Mem.,  53. 
When  through  the  amendments  of  the  committee,  the 
Speaker  pauses,  and  gives  time  for  amendments  to  be 
proposed  in  the  House  to  the  body  of  the  bill;  as  he 
does  also  if  it  has  been  reported  without  amendments; 
putting  no  questions  but  on  amendments  proposed; 
and  when  through  the  whole,  he  puts  the  question 
whether  the  bill  shall  be  read  a  third  time? 


[195] 


JEFFERSON'S  MANUAL 

§424. 

The  procedure  outlined  by  this  provision  of  the  parliamentary  law 
applies  to  bills  when  reported  from  the  Committee  of  the  Whole;  but 
in  practice  it  is  usual  to  vote  on  the  amendments  in  gross.  But  any 
Member  may  demand  a  separate  vote.  The  principle  that  the  commit- 
tee amendments  should  be  voted  on  before  amendments  proposed  by 
the  House  is  recognized  (IV,  4872-4876;  V,  5773;  VIII,  2862,  2863), 
except  when  it  is  proposed  to  amend  a  committee  amendment.  The 

\  Clerk  reads  the  amendments,  and  the  Speaker  does  not  again  read  them. 

'  Frequently  the  House  orders  the  previous  question  on  the  committee 
amendments  and  the  bill  to  final  passage,  thus  preventing  further 
amendment.  When  a  bill  is  of  such  nature  that  it  does  not  go  to  Com- 
mittee of  the  Whole,  it  comes  before  the  House  from  the  House  Calen- 
dar, on  which  it  has  been  placed  on  being  reported  from  the  standing 
or  select  committee.  On  being  taken  from  the  House  Calendar  the  bill 
is  read  through  and  then  the  amendments  proposed  by  the  committee 
are  read. 

SEC.   XXX. — QUASI-COMMITTEE. 

If  on  motion  and  question  the  bill  be  not  com- 
§424.  Procedure  mitted,  or  if  no  proposition  for  com- 
2n<£^Mteot  mitment  be  made,  then  the  proceedings 
the  whoie»  fa  the  Senate  of  the  United  States  and 

in  Parliament  are  totally  different.  The  former  shall 
be  first  stated. 

The  proceeding  of  the  Senate  as  in  a  Committee 
of  the  Whole,  or  in  quasi-committee,  is  precisely  as 
in  a  real  Committee  of  the  Whole,  taking  no  question 
but  on  amendments.  When  through  the  whole, 
they  consider  the  quasi-committee  as  risen,  the 
House  resumed  without  any  motion,  question,  or 
resolution  to  that  effect,  and  the  President  reports 
that  "the  House,  acting  as  in  a  Committee  of  the 


[198] 


JEFFERSON'S  MANUAL 

§425. 

Whole,  have  had  under  their  consideration  the  bill 
entitled,  &c.,  and  have  made  sundry  amendments, 
which  he  will  now  report  to  the  House. "  The  bill 
is  then  before  them,  as  it  would  have  been  if  reported 
from  a  committee,  and  the  questions  are  regularly 
to  be  put  again  on  every  amendment;  which  being 
gone  through,  the  President  pauses  to  give  time  to 
the  House  to  propose  amendments  to  the  body  of 
the  bill,  and,  when  through,  puts  the  question 
whether  it  shall  be  read  a  third  time? 

In  the  House  of  Representatives  procedure  "in  the  House  as  in  Com- 
mittee of  the  Whole"  is  by  unanimous  consent  only,  as  the  order  of 
business  gives  no  place  for  a  motion  that  business  be  considered  in  this 
manner  (IV,  4923).  In  the  House  an  order  for  this  procedure  means 
merely  that  the  bill  will  be  read  for  amendment  and  debate  under  the 
five-minute  rule  (Rule  XXIII,  cl.  5),  without  general  debate  (IV, 
4924,  4925;  VI,  639;  VIII,  2431,  2432).  The  Speaker  remains  in  the 
chair,  and  when  the  bill  has  been  gone  through,  he  makes  no  report  but 
puts  the  question  on  the  engrossment  and  third  reading  and  on  the 
passage. 

After  progress  in  amending  the  bill  in  quasi-com- 
§  425  Motion  to  ntittee,  a  motion  may  be  made  to  refer 
refer  admitted  it  to  SL  special  committee.  If  the  mo- 

"In  the  House  as  .          .      .  .  .  ~> 

in  committee  of  tion  prevails,  it  is  equivalent  in  effect  to 
the  whole."  ^e  severa|  votes,  that  the  committee 

rise,  the  House  resume  itself,  discharge  the  Commit- 
tee of  the  Whole,  and  refer  the  bill  to  a  special  com- 
mittee. In  that  case,  the  amendments  already  made 
fall.  But  if  the  motion  fails,  the  quasi-committee 
stands  in  status  quo. 


62581°— H,  Doc.  459,  86-2 14        [197] 


JEFFERSON'S  MANUAL 

5426. 

How  far  does  this  XXVIIIth  rule  [of  the  Senate] 
subject  the  House,  when  in  quasi-com- 

5  426.  Motions  »  , 

and  procedure  m  mittee,  to  the  laws  which  regulate  the 
uutei^^"*66  proceedings  of  Committees  of  the 
*"*"  Whole?  The  particulars  in  which  these 

differ  from  proceedings  in  the  House  are  the  follow- 
ing: L  In  a  committee  every  member  may  speak  as 
often  as  he  pleases.  2.  The  votes  of  a  committee 
may  be  rejected  or  altered  when  reported  to  the 
House.  3.  A  committee,  even  of  the  whole,  cannot 
refer  any  matter  to  another  committee.  4.  In  a  com- 
mittee no  previous  question  can  be  taken;  the  only 
means  to  avoid  an  improper  discussion  is  to  move 
that  the  committee  rise;  and  if  it  be  apprehended 
that  the  same  discussion  will  be  attempted  on  re- 
turning into  committee,  the  House  can  discharge 
them,  and  proceed  itself  on  the  business,  keeping 
down  the  improper  discussion  by  the  previous  ques- 
tion. 5.  A  committee  cannot  punish  a  breach  of 
order  in  the  House  or  in  the  gallery.  9  Grey,  113. 
It  can  only  rise  and  report  it  to  the  House,  who  may 
proceed  to  punish.  The  first  and  second  of  these 
peculiarities  attach  to  the  quasi-committee  of  the 
Senate,  as  every  day's  practice  proves,  and  it  seems 
to  be  the  only  ones  to  which  the  XXVIIIth  rule 
meant  to  subject  them;  for  it  continues  to  be  a 
House,  and,  therefore,  though  it  acts  in  some  respects 


[198] 


JEFFERSON'S  MANUAL 

«427. 

as  a  committee,  in  others  it  preserves  its  character 
as  a  House.  Thus  (3)  it  is  in  the  daily  habit  of 
referring  its  business  to  a  special  committee.  4.  It 
admits  of  the  previous  question.  If  it  did  not,  it 
would  have  no  means  of  preventing  an  improper 
discussion;  not  being  able,  as  a  committee  is,  to  avoid 
it  by  returning  into  the  House,  for  the  moment  it 
would  resume  the  same  subject  there,  the  XXVIIIth 
rule  declares  it  again  a  quasi-committee,  5.  It  would 
doubtless  exercise  its  powers  as  a  House  on  any 
breach  of  order.  6.  It  takes  a  question  by  yea  and 
nay,  as  the  House  does.  7.  It  receives  messages 
from  the  President  and  the  other  House.  8.  In  the 
midst  of  a  debate  it  receives  a  motion  to  adjourn, 
and  adjourns  as  a  House,  not  as  a  committee. 

In  the  modern  practice  of  the  House  of  Representatives  the  rule  of 
§  427  Motions  Jefferson's  Manual  is  followed  to  the  extent  that  the 

and  procedure  House,  while  acting  "in  the  House  as  in  Committee 

"in  the  House  as  of  the  Whole"  may  deal  with  disorder,  take  the  yeas 
in  Committee  of  anc^  nays,  adjourn,  refer  to  a  committee  even  though 
the  whole.  ^e  reading  by  sections  may  not  have  begun  (IV, 

4931,  4932),  and  use  the  previous  question  (VI,  369)  (which  differs  from 
the  previous  question  of  Jefferson's  time).  The  previous  question 
may  not  be  moved  on  a  single  section  of  a  bill  (IV,  4930),  but  it  may  be 
demanded  on  the  bill  while  Members  yet  desire  to  offer  amendments 
(IV,  4926-4929;  VI,  639).  A  motion  to  close  debate  on  the  pending 
section  is  in  order  (IV,  4930).  An  amendment  may  be  withdrawn  at 
any  time  before  action  has  been  had  on  it  (IV,  4935) .  An  amendment 
in  the  nature  of  a  substitute  is  in  order  after  consideration  by  sections 
has  been  completed  (IV,  4933,  4934;  V,  5788) .  The  title  also  is  amended 
after  the  bill  has  been  considered  (IV,  3416). 


JEFFERSON'S  MANUAL 

5428. 

SEC.   XXXI. — BILL,   SECOND   READING   IN  THE   HOUSE. 

In  Parliament,  after  the  bill  has  been  read  a  second 
time,  if  on  the  motion  and  question  it 
be  not  committed,  or  if  no  proposition 
second  time.          ^  commi^ment  be  made,  the  speaker 

reads  it  by  paragraphs,  pausing  between  each,  but 
putting  no  question  but  on  amendments  proposed; 
but  when  through  the  whole,  he  puts  the  question 
whether  it  shaU  be  read  a  third  time,  if  it  came  from 
the  other  house,  or,  if  originating  with  themselves, 
whether  it  shall  be  engrossed  and  read  a  third  time. 
The  speaker  reads  sitting,  but  rises  to  put  questions. 
The  clerk  stands  while  he  reads. 

But  the  Senate  of  the  United  States  is  so  much  in 
the  habit  of  making  many  and  material  amendments 
at  the  third  reading  that  it  has  become  the  practice 
not  to  engross  a  bill  till  it  has  passed — an  irregular 
and  dangerous  practice,  because  in  this  way  the  paper 
which  passes  the  Senate  is  not  that  which  goes  to 
the  other  House,  and  that  which  goes  to  the  other 
House  as  the  act  of  the  Senate  has  never  been  seen 
in  the  Senate.  In  reducing  numerous,  difficult,  and 
illegible  amendments  into  the  text  the  Secretary  may, 
with  the  most  innocent  intentions,  commit  errors 
which  can  never  again  be  corrected. 

In  the  House  of  Representatives  the  Clerk  and  not  the  Speaker  or 
Chairman  of  the  Committee  of  the  Whole  reads  bills  on  second  reading. 
After  the  second  reading,  which  is  in  full,  the  bill  is  open  to  amendment. 


[200] 


JEFFERSON'S  MANUAL, 

§§  429,  430. 

The  bill  being  now  as  perfect  as  its  friends  can 
Test  of          make  it,  this  is  the  proper  stage  for 
fter      th°se  fundamentally  opposed  to  make 
amendment.  their    first    attack.    All    attempts    at 

earlier  periods  are  with  disjointed  efforts,  because 
many  who  do  not  expect  to  be  in  favor  of  the  bill  ulti- 
mately, are  willing  to  let  it  go  on  to  its  perfect  state, 
to  take  time  to  examine  it  themselves  and  to  hear 
what  can  be  said  for  it,  knowing  that  after  all  they  will 
have  sufficient  opportunities  of  giving  it  their  veto. 
Its  two  last  stages,  therefore,  are  reserved  for  this — 
that  is  to  say,  on  the  question  whether  it  shall  be  en- 
grossed and  read  a  third  time,  and,  lastly,  whether  it 
shall  pass.  The  first  of  these  is  usually  the  most  in- 
teresting contest,  because  then  the  whole  subject  is 
new  and  engaging,  and  the  minds  of  the  Members 
having  not  yet  been  declared  by  any  trying  vote  the 
issue  is  the  more  doubtful.  In  this  stage,  therefore, 
is  the  main  trial  of  strength  between  its  friends  and 
opponents,  and  it  behooves  everyone  to  make  up 
his  mind  decisively  for  this  question,  or  he  loses  the 
main  battle;  and  accident  and  management  may, 
and  often  do,  prevent  a  successful  rallying  on  the 
next  and  last  question,  whether  it  shall  pass. 

In  the  House  of  Representatives  there  are  two  other  means  of  testing 
§  430.  Test  of  strength — one  by  raising  the  question  of  considera- 

strength  on  a  bill  tion  when  the  bill  first  comes  up  (Rule  XVI,  cl.  3), 
before  amending.  an(i  the  other  by  moving  to  strike  out  the  enacting 
words  when  it  is  first  open  to  amendment  (Rule  XXIII,  cl.  7).  By 
these  methods  a,n  adverse  opinion  may  be  expressed  without  permitting 
the  bill  to  consume  the  time  of  the  House. 

[201] 


JEFITERSON'S  MANUAL 

§§431,432. 

§431.  indorse-  When  the  bill  is  engrossed  the  title  is 

ment  of  the  title       ^o  foe  indorsed  on  the  back,  and  not 

on  an  engrossed  ' 

bui.  within  the  bill.     Hakew,  250. 

In  the  practice  of  the  House  of  Representatives  and  the  Senate  the 
title  appears  in  its  proper  place  in  the  engrossed  bill,  and  also  is  in- 
dorsed, with  the  number,  on  the  back. 

SEC.   XXXII. — READING   PAPERS. 

Where  papers  are  laid  before  the  House  or  referred 
to  a  committee  every  Member  has  a 

§432.Parliamen-  -1,11  xl_  J         j.     xi 

taryiawastothe  right  to  have  them  once  read  at  the 
reading  of  papers.  table  before  he  can  be  compelled  to 
vote  on  them;  but  it  is  a  great  though  common  error 
to  suppose  that  he  has  a  right,  toties  quoties,  to  have 
acts,  journals,  accounts,  or  papers  on  the  table  read 
independently  of  the  will  of  the  House.  The  delay 
and  interruption  which  this  might  be  made  to  pro- 
duce evince  the  impossibility  of  the  existence  of  such 
a  right.  There  is,  indeed,  so  manifest  a  propriety 
of  permitting  every  Member  to  have  as  much  infor- 
mation as  possible  on  every  question  on  which  he  is 
to  vote,  that  when  he  desires  the  reading,  if  it  be  seen 
that  it  is  really  for  information  and  not  for  delay, 
the  Speaker  directs  it  to  be  read  without  putting  a 
question,  if  no  one  objects;  but  if  objected  to,  a 
question  must  be  put.  2  Hats.,  117,  118. 

The  House,  by  Rule  XXX,  has  made  provision  as  to  reading  a  paper 
Other  than  that  on  which  the  House  is  called  to  give  a  final  vote. 


[202] 


JEFFERSON'S  MANUAL 

§§433-435. 

It  is  equally  an  error  to  suppose  that  any  Member 
§433.  Papers  not  has  a  right,  without  a  question  put, 

ZZZSXF       to  lay  a  book  or  PaPer  on  the  table, 
privilege.  %&&  have  it  read,  on  suggesting  that  it 

contains  matter  infringing  on  the  privileges  of  the 
House.     Ib. 

For  the  same  reason  a  Member  has  not  a  right  to 
§434.  Member  read  a  paper  in  his  place,  if  it  be  ob- 
not ai^ys  jected  to,  without  leave  of  the  House. 

privileged  to  read  *  ; 

a  paper  in  his  But  this  rigor  is  never  exercised  but 

place"  where  there  is  an  intentional  or  gross 

abuse  of  the  time  and  patience  of  the  House. 

A  Member  has  not  a  right  even  to  read  his  own 
speech,  committed  to  writing,  without  leave.  This 
also  is  to  prevent  an  abuse  of  time,  and  therefore  is 
not  refused  but  where  that  is  intended.  2  Grey,  227. 
A  report  of  a  committee  of  the  Senate  on  a  bill 
from  the  House  of  Representatives  be- 
ing  under  consideration:  on  motion  that 
the  report  of  the  committee  of  the 
House  of  Representatives  on  the  same 
bill  be  read  in  the  Senate,  it  passed  in  the  negative. 
Feb.  28,  1793. 

In  the  House  of  Representatives  ordinary  reports  are  read  only  in 
time  of  debate  (V,  5292),  and  subject  to  the  authority  of  the  House 
(V,  5293).  But  in  a  few  cases,  where  a  report  does  not  accompany  a 
bill  or  other  proposition  of  action,  but  presents  facts  and  conclusions, 
it  is  read  to  the  House  if  acted  on  (II,  1364;  IV,  4663). 


[203] 


JEFFERSON'S  MANUAL 

Formerly,  when  papers  were  referred  to  a  commit- 
tee, they  used  to  be  first  read;  but  of 
^  ^y  ^  ^^  uniess  a  Member 

reference.  insists  they  shall  be  read,  and  then 

nobody  can  oppose  it.    2  Hals.,  117. 

In  the  House  of  Representatives  under  the  rules  petitions  and  com- 
munications are  referred  through  the  Clerk's  desk,  so  that  there  is  no 
opportunity  for  reading  before  reference  (Rule  XXII,  cl.  1;  Rule  XXIV, 
cl.  2).  These  rules  do  not  apply  to  Presidents*  messages,  however. 

SEC.  XXXIII.  —  PRIVILEGED   QUESTIONS. 

It  is  no  possession  of  a  bill  unless  it  be  delivered  to 
the  Clerk  to  read,  or  the  Speaker  reads 


$  437 

ofabmbythe         the  title.    Lex.   Parl.,   274;   Elysynge 

Hoasc*  Mem.,  85;  Ord.  House  of  Commons,  64- 

It  is  a  general  rule  that  the  question  first  moved 

438.  Theory  as        ^^  seco]aded  shall  be  first  put.     Scob., 
to  privileged  **        28,  22;  2  Hats.,  81.     But  this  rule  gives 


may  be  called  privileged 
questions;  and  the  privileged  questions  are  of  differ- 
ent grades  among  themselves. 

In  the  House  of  Representatives,  by  rule  and  practice  the  system  of 
privileged  motions  and  privileged  questions  has  been  highly  developed 
(Rules  XI,  §  726;  XVI,  cl.  4;  XXIV,  cl.  1,  etc.). 

A  motion  to  adjourn  simply  takes  place  of  all 
§439.  precedence      otjl^rs;  for  otherwise  the  House  might 


^e  kept  sitting  against  its  will,  and 
indefinitely.  Yet  this  motion  can  not 
be  received  after  another  question  is  actually  put 
and  while  the  House  is  engaged  in  voting. 


£204] 


JEFFERSON'S  MANUAL 

§440. 

The  rules  and  practice  of  the  House  of  Representatives  have  pre- 
scribed comprehensively  the  privilege  and  status  of  the  motion  to 
adjourn  (Rule  XVI,  cl.  4) .  The  motion  intervenes  between  the  putting 
of  the  question  and  the  voting,  and  also  between  the  different  methods 
of  voting,  as  between  a  vote  by  division  and  a  vote  by  yeas  and  nays,  as 
after  the  yeas  and  nays  are  ordered  and  before  the  roll  call  begins 
(V,  5366).  But  after  the  roll  call  begins  it  may  not  be  interrupted 
(V,  6053). 

Orders  of  the  day  take  place  of  all  other  questions, 
§440.  obsolete  except  for  adjournment — that  is  to  say, 
S^^er^  *he  question  which  is  the  subject  of  an 
orders  of  the  day.  order  is  made  a  privileged  one,  pro  hac 
vice.  The  order  is  a  repeal  of  the  general  rule  as  to 
this  special  case.  When  any  Member  moves,  there- 
fore, for  the  order  of  the  day  to  be  read,  no  further 
debate  is  permitted  on  the  question  which  was  before 
the  House;  for  if  the  debate  might  proceed  it  might 
continue  through  the  day  and  defeat  the  order.  This 
motion,  to  entitle  it  to  precedence,  must  be  for  the 
orders  generally,  and  not  for  any  particular  one; 
and  if  it  be  carried  on  the  question,  "Whether  the 
House  will  now  proceed  to  the  orders  of  the  day?" 
they  must  be  read  and  proceeded  on  in  the  course  in 
which  they  stand,  2  Hats.,  83 ';  for  priority  of  order 
gives  priority  of  right,  which  can  not  be  taken  away 
but  by  another  special  order. 

"Orders  of  the  day,"  in  the  technical  sense,  have  disappeared  from 
the  practice  of  the  House  (IV,  3057)  although  in  one  of  the  rules  a  men- 
tion of  them  has  survived  (Rule  XXIV,  cl.  1) .  "Special  orders,"  which 
are  used  occasionally  for  bringing  up  matters  not  regularly  in  order,  are 
based  on  a  theory  entirely  different  from  that  of  the  orders  of  the  day, 
-which  were  a  part  of  the  regular  and  daily  order  of  business  (IV,  3151) , 


[205] 


JEFFERSON'S  MANUAL 

§§  441-443. 

After  these  there  are  other  privileged  questions, 
H4i.  Jefferson^  which  will  require  considerable  explana- 

dlscussionofcer-          -Hnn 
tain  privileged  tlOn- 

motions.  It  is  proper  that  every  parliamentary 

assembly  should  have  certain  forms  of  questions,  so 
adapted  as  to  enable  them  fitly  to  dispose  of  every 
proposition  which  can  be  made  to  them.  Such  are: 
1.  The  previous  question.  2.  To  postpone  indefi- 
nitely. 3.  To  adjourn  a  question  to  a  definite  day. 
4.  To  lie  on  the  table.  5.  To  commit.  6.  To 
amend.  The  proper  occasion  for  each  of  these  ques- 
tions should  be  understood. 

The  House  of  Representatives  by  Rule  XVI,  cl.  4,  has  established 
the  priority  and  other  conditions  of  motions  of  this  kind. 

1.  When  a  proposition  is  moved  which  it  is  useless 

or  inexpedient  now  to  express  or  dis- 

§  442*  Obsolete  use  ^  ^ 

of  the  previous  cuss,  the  previous  question  has  been 
question.  introduced  for  suppressing  for  that  time 

the  motion  and  its  discussion.    8  Hats.,  188,  189. 

The  previous  question  of  the  parliamentary  law  has  been  changed  by 
the  House  of  Representatives  into  an  instrument  of  entirely  different 
use  (V,  5445;  Rule  XVII). 

2.  But  as  the  previous  question  gets  rid  of  it  only 

5443.  The  motion  *OT  ^^  ^^  ^^  *he  same  proposition 
to  postpone  may  recur  the  next  dav,  if  they  wish  to 

Indefinitely.  *   *  J 

suppress  it  for  the  whole  of  that  session, 
they  postpone  it  indefinitely.  3  Hats.,  183.  This 
quashes  the  proposition  for  that  session,  as  an  indefi- 
nite adjournment  is  a  dissolution,  or  the  continuance 
of  a  suit  sine  die  is  a  discontinuance  of  it. 

[206] 


MANUAL 

§§  444.  445. 

As  already  explained,  in  the  House  of  Representatives  the  previous 
question  is  no  longer  used  as  a  method  of  postponement  (V,  5445). 
The  House  uses  the  motion  to  postpone  indefinitely,  and  in  Rule  XVI, 
cl.  4,  and  the  practice  thereunder  has  defined  the  nature  and  use  of 
the  motion, 

3.  When  a  motion  is  made  which  it  will  be  proper 
,„,  „  ,  to  act  on,  but  information  is  wanted, 

§444.  Postpone-  '  .  ' 

menttoaday  or  something  more  pressing  claims  the 
certain"  present  time,  the  question  or  debate  is 

adjourned  to  such  a  day  within  the  session  as  will 
answer  the  views  of  the  House.  2  Hats.,  81.  And 
those  who  have  spoken  before  may  not  speak  again 
when  the  adjourned  debate  is  resumed.  &  Hats., 
78.  Sometimes,  however,  this  has  been  abusively 
used  by  adjourning  it  to  a  day  beyond  the  session, 
to  get  rid  of  it  altogether,  as  would  be  done  by  an 
indefinite  postponement. 

The  House  of  Representatives  does  not  use  the  motion  to  adjourn  a 
debate.  But  it  accomplishes  the  purpose  of  such  a  procedure  by  the 
motion  to  postpone  to  a  day  certain,  which  applies,  not  to  a  debate,  but 
to  the  bill  or  other  proposition  before  the  House.  Of  course,  if  a 
bill  which  is  under  debate  is  postponed,  the  effect  is  to  postpone  the 
debate.  The  conditions  and  use  of  the  motion  are  treated  under 
Rule  XVI,  cl.  4. 

4.  When   the   House   has   something   else   which 
§445.  Motion  to        claims  its  present  attention,  but  would 
lay  on  the  tawe.        foe  w^ng  to  reserve  in  their  power  to 
take  up  a  proposition  whenever  it  shall  suit  them, 
they  order  it  to  lie  on  their  table.     It  may  then  be 
called  for  at  any  time. 

This  is  the  use  of  the  motion  to  lay  on  the  table  which  is  established 
in  the  general  parliamentary  law,  and  was  followed  in  the  early  practice 

[207] 


JEFFERSON'S  MANUAL 

§§  446.  447. 

of  the  House  of  Representatives.  But  by  an  interesting  evolution  in  the 
House  the  motion  has  now  come  to  serve  an  entirely  new  purpose, 
being  used  for  the  final,  adverse  disposition  of  a  matter  (Rule  XVI,  cl.  4; 
V  5389).  And  a  matter  once  laid  on  the  table  may  be  taken  therefrom 
only  by  suspension  of  the  rules  (V,  6288)  or  similar  process,  unless  it 
be  a  matter  of  privilege  (V,  5438,  5439)  such  as  bills  vetoed  by  the 
President  (IV,  3549;  V,  5439).  A  proposition  to  impeach  having 
been  laid  on  the  table,  a  similar  or  identical  proposition  may  be  again 
brought  up  (III,  2049;  VI,  541). 

5.  If  the  proposition  will  want  more  amendment 

and  digestion  than  the  formalities  of 

§446.  Delegation  of  TT  -n  •        xl  J.       •  ±.    j^ 

consideration  to  the  House  will  conveniently  admit,  they 
c*mmutees-  refer  it  to  a  committee. 

6.  But  if  the  proposition  be  well  digested,  and  may 
need  but  few  and  simple  amendments,  and  especially 
if  these  be  of  leading  consequence,  they  then  proceed 
to  consider  and  amend  it  themselves. 

In  the  House  of  Representatives  it  is  a  general  rule  that  all  business 
goes  to  committees  before  receiving  consideration  in  the  House  itself. 
Occasionally  a  question  of  privilege  or  a  minor  matter  of  business  is  pre- 
sented and  considered  at  once  by  the  House. 

The  Senate,  in  their  practice,  vary  from  this  regu- 
§  447.  Privileged  lar  graduation  of  forms.  Their  practice 
sf  «<£  comparatively  with  that  of  Parliament 

Parliament.  Stands 


FOR  THE  PARLIAMENTARY:  THE  SENATE  USES: 
Postponement  indefinite,   Postponement  to  a  day  be- 

yond the  session. 
Adjournment,  Postponement   to  a   day 

within  the  session. 

Lying  on  table,  (Postponement  indefinite. 

iLying  on  the  table. 


JEFFEHSON'S  MANUAL 

§448. 

In  their  eighth  rule,  therefore,  which  declares  that 
while  a  question  is  before  the  Senate  no  motion  shall 
be  received,  unless  it  be  for  the  previous  question,  or 
to  postpone,  commit,  or  amend  the  main  question, 
the  term  postponement  must  be  understood  accord- 
ing to  their  broad  use  of  it,  and  not  in  its  parlia- 
mentary sense.  Their  rule,  then,  establishes  as  privi- 
leged questions  the  previous  question,  postponement, 
commitment,  and  amendment. 

The  House  of  Representatives  govern  these  motions  by  Rule  XVI, 
cl.  4. 

But  it  may  be  asked:  Have  these  questions  any 
§448.  obsolete  pro-  privilege  among  themselves?  or  are 
£teT*d£rivi-  they  so  equal  that  the  common  prin- 
ted motions.  ciple  of  the  "first  moved  first  put 
takes  place  among  them?  This  will  need  explana- 
tion. Their  competitions  may  be  as  follows: 

1.  Previous  question  and  postpone! 

commit   L     ,,      „    , 

,      In  the  first,  sec- 

o   -D    .  ,,         •       ^  ond,  and  third 

2.  Postpone  and  previous  question  j     d          ^  ^ 

commit   }  ~    ,          ,        - 

,  first  member  of 

amend    J  ,,     £      ,,    ! 

0    ~         .,       j          .               ,.     \  the  fourth  class, 

3.  Commit  and  previous  question  |  .,          ,     "first 

postpone 

A       A  A          A  •  ^ 

4.  Amend  and  previous  question  ]      Jr1 

.         I     iDiace. 
postpone)     ^ 

commit  J 

[209] 


JEFFERSON'S  MANUAL 

§449. 

In  the  first  class,  where  the  previous  question  is 
first  moved,  the  effect  is  peculiar;  for  it  not  only 
prevents  the  after  motion  to  postpone  or  commit  from 
being  put  to  question  before  it,  but  also  from  being 
put  after  it;  for  if  the  previous  question  be  decided 
affirmatively,  to  wit,  that  the  main  question  shall 
now  be  put,  it  would  of  course  be  against  the  decision 
to  postpone  or  commit;  and  if  it  be  decided  nega- 
tively, to  wit,  that  the  main  question  shall  not  now 
be  put,  this  puts  the  House  out  of  possession  of  the 
main  question,  and  consequently  there  is  nothing 
before  them  to  postpone  or  commit.  So  that  neither 
voting  for  nor  against  the  previous  question  will 
enable  the  advocates  for  postponing  or  committing 
to  get  at  their  object.  Whether  it  may  be  amended 
shall  be  examined  hereafter. 

Rule  XVI,  cl.  4,  of  the  House  of  Representatives  renders  these  pro- 
visions as  to  priority  of  motions  obsolete.  The  entire  change  in  the 
character  of  the  previous  question  also  renders  obsolete  the  discussion 
of  its  relations  to  other  motions, 

Second  class.  If  postponement  be  decided  affirma- 
§449.  Genena  prin-  tively>  the  proposition  is  removed 
cipiefl  of  priority  from  before  the  House,  and  conse- 
o  mo  on*.  quently  there  is  no  ground  for  the 

previous  question,  commitment  or  amendment;  but 
if  decided  negatively  (that  it  shall  not  be  postponed), 
the  main  question  may  then  be  suppressed  by  the 
previous  question,  or  may  be  committed,  or  amended. 

The  previous  question  is  used  now  for  bringing  a  vote  on  the  main 
question  and  not  for  suppressing  it. 

[210] 


JEFFERSON'S  MANUAL 

§449. 

The  third  class  is  subject  to  the  same  observations 
as  the  second. 

The  fourth  class.  Amendment  of  the  main  ques- 
tion first  moved,  and  afterwards  the  previous  ques- 
tion, the  question  of  amendment  shall  be  first  put. 

In:  present  practice  of  the  House  the  question  on  the  previous  question 
would  be  put  first,  and  being  decided  affirmatively  would  force  a  vote 
on  the  amendment  and  then  on  the  main  question. 

Amendment  and  postponement  competing,  post- 
ponement is  first  put,  as  the  equivalent  proposition  to 
adjourn  the  main  question  would  be  in  Parliament. 
The  reason  is  that  the  question  for  amendment  is  not 
suppressed  by  postponing  or  adjourning  the  main 
question,  but  remains  before  the  House  whenever  the 
main  question  is  resumed;  and  it  might  be  that  the 
occasion  for  other  urgent  business  might  go  by,  and 
be  lost  by  length  of  debate  on  the  amendment,  if  the 
House  had  it  not  in  their  power  to  postpone  the  whole 
subject. 

Amendment  and  commitment.  The  question  for 
committing,  though  last  moved  shall  be  first  put;  be- 
cause, in  truth,  it  facilitates  and  befriends  the  motion 
to  amend.  Scobell  is  express:  "On  motion  to  amend 
a  bill,  anyone  may  notwithstanding  move  to  commit 
it,  and  the  question  for  commitment  shall  be  first 
put,"  Scab.,  46. 

These  principles  of  priority  of  privileged  motions  are  recognized  in 
the  House  of  Representatives,  and  are  provided  for  by  Rule  XVI,  cl.  4. 


[211] 


JEFFERSON'S 

§§  450, 451. 

We  have  hitherto  considered  the  case  of  two  or 
more  of  the  privileged  questions  con- 

§450.  Application  .     .,    °        ,       ,  ,, 

of  the  previous  tending  for  privilege  between  them- 
abte^To^d^nd  selves,  when  both  are  moved  on  the 
privileged  motions,  original  or  main  question;  but  now  let 
us  suppose  one  of  them  to  be  moved,  not  on  the 
original  primary  question,  but  on  the  secondary 
one,  e.  g.: 

Suppose  a  motion  to  postpone,  commit,  or  amend 
the  main  question,  and  that  it  be  moved  to  suppress 
that  motion  by  putting  a  previous  question  on  it. 
This  is  not  allowed,  because  it  would  embarrass 
questions  too  much  to  allow  them  to  be  piled  on 
one  another  several  stories  high;  and  the  same  result 
may  be  had  in  a  more  simple  way — by  deciding 
against  the  postponement,  commitment,  or  amend- 
ment. X  Hats.,  81,  2,  3,  4- 

While  the  general  principle  that  one  secondary  or  privileged  motion 
should  not  be  applied  to  another  is  generally  recognized  in  the  House  of 
Representatives,  yet  the  entire  change  in  the  nature  of  the  previous 
question  (V,  5445)  from  a  means  of  postponing  a  matter  to  a  means  of 
compelling  an  immediate  vote,  makes  obsolete  the  parliamentary  rule. 
For  as  the  motions  to  postpone,  commit,  and  amend,  are  all  debatable, 
the  modern  previous  question  of  course  applies  to  them  (Rule  XVII, 
cl.  1). 

Suppose  a  motion  for  the  previous  question,  or 
§  45i.  Motion  to  commitment  or  amendment  of  the  main 
™Scntoother  question,  and  that  it  be  then  moved  to 
secondary  motions,  postpone  the  motion  for  the  previous 
question,  or  for  commitment  or  amendment  of  the 
main  question.  1.  It  would  be  absurd  to  postpone 


JEFFERSON'S  MANUAL 

§452. 

the  previous  question,  commitment,  or  amendment, 
alone,  and  thus  separate  the  appendage  from  its 
principal;  yet  it  must  be  postponed  separately  from 
its  original,  if  at  all;  because  the  eighth  rule  of  the 
Senate  says  that  when  a  main  question  is  before  the 
House  no  motion  shall  be  received  but  to  commit, 
amend,  or  pre-question  the  original  question,  which 
is  the  parliamentary  doctrine  also.  Therefore  the 
motion  to  postpone  the  secondary  motion  for  the  pre- 
vious question,  or  for  committing  or  amending,  can 
not  be  received.  2.  This  is  a  piling  of  questions  one 
on  another;  which,  to  avoid  embarrassment,  is  not 
allowed.  3.  The  same  result  may  be  had  more  sim- 
ply by  voting  against  the  previous  question,  commit- 
ment, or  amendment. 

Suppose  a  commitment  moved  of  a  motion  for  the 
previous  question,  or  to  postpone  or  amend.  The 
first,  second,  and  third  reasons,  before  stated,  all  hold 
against  this. 

The  principles  of  this  paragraph  are  in  harmony  with  the  practice  of 
the  House  of  Representatives,  which  provides  further  that  a  motion  to 
suspend  the  rules  may  not  be  postponed  (V,  5322) . 

Suppose  an  amendment  moved  to  a  motion  for  the 
§452.  The  motion  previous  question.  Answer:  The  pre- 
^Mbtoto^be  vious  question  can  not  be  amended, 
previous  question.  Parliamentary  usage,  as  well  as  the 
ninth  rule  of  the  Senate,  has  fixed  its  form  to  be, 
"Shall  the  main  question  be  now  put?'7 — i.  e.,  at  this 
instant;  and  as  the  present  instant  is  but  one,  it  can 

62581°— H.  Doc.  459,  S6-2 15       [213] 


JEFFERSON'S  MANUAL 

§§453,454. 

admit  of  no  modification.  To  change  it  to  to-morrow, 
or  any  other  moment,  is  without  example  and  without 
utility.  *  *  * 

Although  the  nature  of  the  previous  question  has  entirely  changed, 
yet  the  principle  of  the  parliamentary  law  applies  to  the  new  form. 

*  *    *    But  suppose  a  motion  to  amend  a  motion 
§453.  Motion  to       for  postponement,  as  to  one  day  instead 
amend  applicable       of  another,  or  to  a  special  instead  of  an 

to  motions  to  post-  3  ^ 

pone  or  refer.  indefinite  time.  The  useful  character 
of  amendment  gives  it  a  privilege  of  attaching  itself 
to  a  secondary  and  privileged  motion;  that  is,  we 
may  amend  a  postponement  of  a  main  question.  So, 
we  may  amend  a  commitment  of  a  main  question,  as 
by  adding,  for  example,  "with  instructions  to  in- 
quire/3 &c.  *  *  * 

This  principle  is  recognized  in  the  practice  of  the  House  of  Repre- 
sentatives (V,  5521). 

*  *    *    In  like  manner,  if  an  amendment  be 

moved  to  an  amendment,  it  is  admitted; 

§  454.  Amendment  .  . ;  .  ; 

in  the  third  degree  but  it  would  not  be  admitted  in  another 
not  w  order.  degree,  to  wit,  to  amend  an  amendment 

to  an  amendment  of  a  main  question.  This  would 
lead  to  too  much  embarrassment.  The  line  must  be 
drawn  somewhere,  and  usage  has  drawn  it  after  the 
amendment  to  the  amendment.  The  same  result 
must  be  sought  by  deciding  against  the  amendment 
to  the  amendment,  and  then  moving  it  again  as  it 
was  wished  to  be  amended.  In  this  form  it  becomes 
only  an  amendment  to  an  amendment. 

[214] 


J'EFFERSOK'S  MANUAL 

§455. 

This  rule  of  the  parliamentary  law  is  considered  fundamental  in  the 
House  of  Representatives  (Rule  XIX). 

[In  filling  a  blank  with  a  sum,  the  largest  sum  shall 
§455.  Fining  be  first  put  to  the  question,  by  the 

£!±££to  thirteenth  rule  of  the  Senate,  contrary 
numbers.  to  the  rule  of  Parliament,  which  privi- 

leges the  smallest  sum  and  longest  time.  5  Grey,  179; 
2  Hats.,  8,  88;  3  Hats.,  132,  133.}  And  this  is  con- 
sidered to  be  not  in  the  form  of  an  amendment  to  the 
question,  but  as  alternative  or  successive  originals. 
In  all  cases  of  time  or  number,  we  must  consider 
whether  the  larger  comprehends  the  lesser,  as  in  a 
question  to  what  day  a  postponement  shall  be,  the 
number  of  a  committee,  amount  of  a  fine,  term  of  an 
imprisonment,  term  of  irredeemability  of  a  loan,  or 
the  terminus  in  quern  in  any  other  case;  then  the 
question  must  begin  a  maximo.  Or  whether  the 
lesser  includes  the  greater,  as  in  questions  on  the 
limitation  of  the  rate  of  interest,  on  what  day  the 
session  shall  be  closed  by  adjournment,  on  what  day 
the  next  shall  commence,  when  an  act  shall  com- 
mence or  the  terminus  a  quo  in  any  other  case  where 
the  question  must  begin  a  minimo;  the  object  being 
not  to  begin  at  that  extreme  which,  and  more,  being 
within  every  man's  wish,  no  one  could  negative  it, 
and  yet,  if  he  should  vote  in  the  affirmative,  every 
question  for  more  would  be  precluded;  but  at  that 
extreme  which  would  unite  few,  and  then  to  advance 
or  recede  till  you  get  to  a  number  which  will  unite  a 


£215] 


JEFFERSON'S  MANUAL 

§§  456,  457. 

bare  majority.  8  Grey,  876,  384,  885.  "The  fair 
question  in  this  case  is  not  that  to  which,  and  more, 
all  will  agree,  but  whether  there  shall  be  addition  to 
the  question."  1  Grey,  365. 

The  Thirteenth  Rule  of  the  Senate  has  been  dropped.  The  House  of 
Representatives  has  no  rule  on  the  subject  other  than  this  provision  of 
the  parliamentary  law.  It  is  very  rare  for  the  House  to  fill  blanks  for 
numbers.  When  a  number  is  to  be  changed  by  amendment,  the  prac- 
tice of  the  House  permits  to  be  pending  a  second  number  as  an  amend- 
ment, a  third  as  an  amendment  to  the  amendment,  a  fourth  as  a 
substitute,  and  a  fifth  as  an  amendment  to  the  substitute. 

Another  exception  to  the  rule  of  priority  is  when  a 
§456.  Priority  of  motion  has  been  made  to  strike  out, 
ZttaTtort^  or  agree  to,  a  paragraph.  Motions  to 
out  or  agree.  amend  it  are  to  be  put  to  the  question 

before  a  vote  is  taken  on  striking  out  or  agreeing  to 
the  whole  paragraph. 

In  the  House  of  Representatives  the  principle  that  a  text  should  be 
perfected  before  a  question  is  taken  on  striking  it  out,  and  that  an 
amendment  should  be  perfected  before  agreeing  to  it,  is  well  established. 
But  in  considering  bills,  even  by  paragraphs,  the  House  does  not  agree 
to  the  paragraphs  severally;  but  after  amending  one  passes  to  the  next, 
and  the  question  on  agreeing  is  taken  only  on  the  whole  bill  by  the 
several  votes  on  engrossment  and  passage. 

But  thei*e  are  several  questions  which,  being  inci- 
§457.  incidental        dental  to  every  one,  will  take  place  of 
every  one,  privileged  or  not;  to  wit,  a 


. 
which  intervene        question  of  order  arising;  out  of  anv 

during  considers-  ,,  .  ,     ,  ?.,,,- 

tum  of  the  main        other  question  must  be  decided  before 
that  question      ^  Hats.,  88. 


[216] 


JEFFERSON  S  MANUAL 

§§  458-460. 

This  principle  governs  the  procedure  of  the  House  of  Representatives, 
but  a  question  of  order  arising  after  a  motion  for  the  previous  question 
must  be  decided  without  debate  (Rule  XVII,  cl.  3.) 

A  matter  of  privilege  arising  out  of  any  question,  or 
»  ™  «     *       from,  a  quarrel  between  two  Members, 

§  458.  Matters  of  ^  ; 

privilege  as  inter-  or  any  other  cause,  supersedes  the  con- 
vening questions.  gideration  of  the  original  question,  and 
must  be  first  disposed  of.  2  Hats.,  88. 

Rule  IX  of  the  House  of  Representatives  and  the  practice  there- 
under, confirm  and  amplify  the  principles  of  this  provision  of  the 
parliamentary  law. 

Reading  papers  relative  to  the  ques- 


§459,  intervention     ^on  before  the  House.    This  question 

of  questions  relating  ... 

to  reading  of  papers,    must  be  put  before  the  principal  one. 
2  Hats.,  88. 

This  provision  is  applicable  in  the  House  of  Representatives  so  far  as 
it  concerns  papers  other  than  those  on  which  the  House  is  called  on  to 
give  a  final  vote.  The  House  has  treated  it  more  fully  in  Rule  XXX 
and  the  practice  thereunder. 

Leave  asked  to  withdraw  a  motion.  The  rule  of 
§460.  withdrawal  Parliament  being  that  a  motion  made 
of  motions.  an(j  secon(je(i  is  in  the  possession  of  the 

House,  and  can  not  be  withdrawn  without  leave,  the 
very  terms  of  the  rule  imply  that  leave  may  be  given, 
and,  consequently,  may  be  asked  and  put  to  the 
question. 

The  House  of  Representatives  does  not  vote  on  the  withdrawal  of 
motions;  but  provides  by  Rules  XVI,  cl.  2,  and  XXIII,  cl.  5,  the  condi- 
tions under  which  a  Member  may  of  his  own  right  withdraw  a  motion. 


[217] 


JEFFERSON'S  MANUAL 

§464. 

Before  the  question  "Whether  the  main  question 
shall  now  be  put?7'  any  person  might  formerly  have 
spoken  to  the  main  question,  because  otherwise  he 
would  be  precluded  from  speaking  to  it  at  all.  Mem. 
in  Hakew.,  28. 

The  proper  occasion  for  the  previous  question  is 
when  a  subject  is  brought  forward  of  a  delicate 
nature  as  to  high  personages,  &c.,  or  the  discussion  of 
which  may  call  forth  observations  which  might  be  of 
injurious  consequences.  Then  the  previous  question 
is  proposed,  and  in  the  modern  usage  the  discussion 
of  the  main  question  is  suspended  and  the  debate 
confined  to  the  previous  question.  The  use  of  it  has 
been  extended  abusively  to  other  cases,  but  in  these 
it  has  been  an  embarrassing  procedure.  Its  uses 
would  be  as  well  answered  by  other  more  simple 
parliamentary  forms,  and  therefore  it  should  not  be 
favored,  but  restricted  within  as  narrow  limits  as 
possible. 

As  explained  in  connection  with  Rule  XVII,  the  House  of  Representa- 
tives has  changed  entirely  the  old  use  of  the  previous  question  (V,  5445) 

Whether  a  main  question  may  be  amended  after 
the  previous  question  on  it  has  been 
moved   and   seconded?     *  Hats.,    88, 
says>  if  *he  previous  question  has  been 
moved  and  seconded,  and  also  proposed 
from  the  Chair  (by  which  he  means  stated  by  the 
Speaker  for  debate),  it  has  been  doubted  whether  an 
amendment  can  be  admitted  to  the  main  question. 

[219] 


JEFFERSON'S  MANUAL 

§464. 

He  thinks  it  may,  after  the  previous  question  moved 
and  seconded,  but  not  after  it  has  been  proposed  from 
the  Chair.  In  this  case  he  thinks  the  friends  to  the 
amendment  must  vote  that  the  main  question  be  not 
now  put,  and  then  move  their  amended  question, 
which  being  made  new  by  the  amendment,  is  no 
longer  the  same  which  has  been  just  suppressed,  and 
therefore  may  be  proposed  as  a  new  one.  But  this 
proceeding  certainly  endangers  the  main  question  by 
dividing  its  friends,  some  of  whom  may  choose  it 
unamended  rather  than  lose  it  altogether,  while 
others  of  them  may  vote,  as  Hatsell  advises,  that  the 
main  question  be  not  now  put,  with  a  view  to  move 
it  again  in  an  amended  form.  The  enemies  of  the 
main  question,  by  this  maneuver  to  the  previous 
question,  get  the  enemies  to  the  amendment  added 
to  them  on  the  first  vote,  and  throw  the  friends  of 
the  main  question  under  the  embarrassment  of  rally- 
ing again  as  they  can.  To  support  this  opinion,  too, 
he  makes  the  deciding  circumstance,  whether  an 
amendment  may  or  may  not  be  made,  to  be,  that 
the  previous  question  has  been  proposed  from  the 
Chair.  But,  as  the  rule  is  that  the  House  is  in  posses- 
sion of  a  question  as  soon  as  it  is  moved  and  seconded, 
it  can  not  be  more  than  possessed  of  it  by  its 
being  also  proposed  from  the  Chair.  It  may  be 
said,  indeed,  that  the  object  of  the  previous  ques- 
tion being  to  get  rid  of  a  question,  which  it  is 


[220] 


JEFFERSON'S  MANUAL 

1464. 

not  expedient  should  be  discussed,  this  object  may 
be  defeated  by  moving  to  amend;  and  in  the  discus- 
sion of  that  motion,  involving  the  subject  of  the  main 
question.  But  so  may  the  object  of  the  previous 
question  be  defeated  by  moving  the  amended  ques- 
tion, as  Mr.  Hatsell  proposes,  after  the  decision 
against  putting  the  original  question.  He  acknowl- 
edges, too,  that  the  practice  has  been  to  admit  pre- 
vious amendments,  and  only  cites  a  few  late  instances 
to  the  contrary.  On  the  whole,  I  should  think  it  best 
to  decide  it  ab  inconvenient!,  to  wit:  Which  is  most 
inconvenient,  to  put  it  in  the  power  of  one  side  of  the 
House  to  defeat  a  proposition  by  hastily  moving  the 
previous  question  and  thus  forcing  the  main  ques- 
tion to  be  put  unamended,  or  to  put  it  in  the  power 
of  the  other  side  to  force  on,  incidentally  at  least,  a 
discussion  which  would  be  better  avoided?  Perhaps 
the  last  is  the  least  inconvenience,  inasmuch  as  the 
Speaker,  by  confining  the  discussion  rigorously  to 
the  amendment  only,  may  prevent  their  going  into 
the  main  question;  and  inasmuch  also  as  so  great  a 
proportion  of  the  cases  in  which  the  previous  ques- 
tion is  called  for  are  fair  and  proper  subjects  of  pub- 
lic discussion  and  ought  not  to  be  obstructed  by 
a  formality  introduced  for  questions  of  a  peculiar 
character. 

This  discussion  has  no  bearing  on  the  modern  uses  of  the  previous 
question. 


[221] 


JEFFERSON'S  MANUAL 

§§465,466. 

SEC.  XXXV.  —  AMENDMENTS. 

On  an  amendment  being  moved,  a 

§465.  Right  of  the  -  °  >. 

Member  who  has      Member  who  had  spoken  to  the  mam 
^S^n^^kto    question  may  speak  again  to  the  amend- 

anamendment.  gCOb.,  23. 


This  parliamentary  rule  is  of  effect  in  the  House  of  Representatives, 
where  the  hour  rule  of  debate  (Rule  XIV,  cl.  2)  has  been  in  force  for 
many  years.  A  Member  who  has  spoken  an  hour  to  the  main  question, 
may  speak  another  hour  to  an  amendment  (V,  4994;  VIII,  2449). 

If  an  amendment  be  proposed  inconsistent  with 
one  already  agreed  to,  it  is  a  fit  ground 
for  its  rejection  by  the  House,  but  not 
within  the  competence  of  the  Speaker 


nt  with  one         to  suppress  as  if  it  were  against  order. 

already  agreed  to.  **  ° 

For  were  he  permitted  to  draw  ques- 
tions of  consistence  within  the  vortex  or  order,  he 
might  usurp  a  negative  on  important  modifications, 
and  suppress,  instead  of  subserving,  the  legislative  will. 

The  practice  of  the  House  of  Representatives  follows  and  extends  the 
principle  set  forth  by  Jefferson.  Thus  it  has  been  held  that  the  fact 
that  a  proposed  amendment  is  inconsistent  with  the  text  or  embodies  a 
proposition  already  voted  (II,  1328-1336;  VIII,  2834),  or  would  in 
effect  change  a  provision  of  text  to  which  both  Houses  h^ave  agreed 
(II,  1335;  V,  6183-6185),  or  is  contained  in  substance  in  a  later  portion 
of  the  bill  (II,  1327),  is  a  matter  to  be  passed  on  by  the  House  rather 
than  by  the  Speaker.  It  is  for  the  House  rather  than  the  Speaker  to 
decide  on  the  legislative  or  legal  effect  of  a  proposition  (II,  1323,  1324; 
VI,  254;  VII,  2112;  VIII,  2280,  2841)  ;  and  the  change  of  a  single  word  in 
the  text  of  a  proposition  may  be  sufficient  to  prevent  the  Speaker  ruling 
it  out  of  order  as  one  already  disposed  of  by  the  House  (II,  1274)  .  This 
principle  has  been  the  subject  of  conflicting  decisions,  from  which  may 
be  deduced  the  rule  that  the  Chair  may  rule  out  the  proposition  unless 
it  presents  substantially  a  different  proposition  (VI,  256;  VIII  2834 
2835,  2838,  2840,  2842,  2850,  2856). 

[222] 


JEFFERSON'S  MANUAL 

§§  467,  468. 

Amendments  may  be  made  so  as  totally  to  alter 
§467.  Thepariia-  *^e  nature  of  the  proposition;  and  it 
mentaijiawandthe  £s  a  way  of  getting  rid  of  a  proposition 

rules  of  the  House  i    •  •     i 

as  to  germane  by  making  it  bear  a  sense  different  from 

amendments.  what  it  was  intended  by  the  movers,  so 

that  they  vote  against  it  themselves.  2  Hats.,  79;  4, 
82,  84.  A  new  bill  may  be  ingrafted,  by  way  of 
amendment,  on  the  words,  "Be  it  enacted/'  etc.  1 
Grey,  190,  192. 

This  was  the  rule  of  Parliament,  which  did  not  require  an  amendment 
to  be  germane  (V,  5802,  5825).  But  the  House  of  Representatives 
from  its  first  organization,  has  by  rule  required  that  an  amendment 
should  be  germane  to  the  pending  proposition  (Rule  XVI,  el.  7) . 

If  it  be  proposed  to  amend  by  leaving  out  certain 
§  468.  The  amend-  words,  it  may  be  moved,  as  an  amend- 
™££™teT*  ment  to  this  amendment,  to  leave  out 
bm-  a  part  of  the  words  of  the  amendment, 

which  is  equivalent  to  leaving  them  in  the  bill.  2 
Hats.,  80,  9.  The  parliamentary  question  is,  always, 
whether  the  words  shall  stand  part  of  the  bill. 

In  the  House  of  Representatives  the  question  herein  described  is 
never  put  as  in  Parliament,  but  is  always,  whether  the  words  shall  be 
stricken  out;  and  if  there  is  a  desire  that  certain  of  the  words  included 
in  the  amendment  remain  part  of  the  bill,  it  is  expressed,  not  by  amend- 
ing the  amendment,  but  by  a  preferential  motion  to  strike  from  the 
specified  words  a  portion  of  them.  If  this  is  carried  the  portion  thus 
removed  remains  a  part  of  the  bill  and  the  vote  recurs  on  striking 
out  the  residue  (V,  5770).  And  when  a  motion  to  strike  out  certain 
words  is  disagreed  to,  it  is  in  order  to  move  to  strike  out  a  portion  of 
those  words  (V,  5769) ;  but  when  it  is  proposed  to  strike  out  certain 
words  in  a  paragraph,  it  is  not  in  order  to  amend  those  words  by 
including  with  them  other  words  of  the  paragraph  (V,  5768;  VIII, 
2848).  It  is  in  order  to  insert  by  way  of  amendment  a  paragraph 

[223] 


JEFFERSON'S 

$469. 

similar  (but  not  actually  identical)  to  one  already  stricken  out  by 
amendment  (V,  5760). 

When  it  is  proposed  to  amend  by  inserting  a  para- 
$  469.  principle*,*     graph,  or  part  of  one,  the  friends  of  the 
paragraph  may  make  it  as  perfect  as 


out.  they  can  by  amendments  before  the 

question  is  put  for  inserting  it.  If  it  be  received,  it 
cannot  be  amended  afterward  in  the  same  stage, 
because  the  House  has,  on  a  vote,  agreed  to  it  in  that 
form.  In  like  manner,  if  it  is  proposed  to  amend  by 
striking  out  a  paragraph,  the  friends  of  the  paragraph 
are  first  to  make  it  as  perfect  as  they  can  by  amend- 
ments, before  the  question  is  put  for  striking  it  out. 
If  on  the  question  it  be  retained,  it  cannot  be  amended 
afterward,  because  a  vote  against  striking  out  is 
equivalent  to  a  vote  agreeing  to  it  in  that  form. 

1  The  principles  herein  set  forth  are  recognized  as  in  force  in  the  House 
of  Representatives,  with  the  exception  that  Rule  XVI,  cl.  7,  specifically 
provides  that  "a  motion  to  strike  out  being  lost  shall  neither  preclude 
amendments  nor  a  motion  to  strike  out  and  insert."  But  after  an 
amendment  to  insert  has  been  agreed  to,  the  matter  inserted  ordinarily 
may  not  then  be  amended  (V,  5761-5763;  VIII,  2852)  in  any  way  that 
would  change  its  text;  but  an  amendment  may  be  added  at  the  end 
(V,  5759,  5764,  5765).  When  it  is  proposed  to  perfect  a  paragraph  the 
motions  to  insert  or  strike  out,  if  already  pending,  must  remain  in 
abeyance  until  the  amendments  to  perfect  have  been  moved  and  voted 
on  (V,  5758;  VIII,  2860);  and  while  amendments  are  pending  to  a 
section  a  motion  to  strike  it  out  may  not  be  offered  (V,  5771;  VIII, 
2861).  In  the  peculiar  situation  wherein,  when  a  motion  to  strike  out 
a  paragraph  is  pending,  the  paragraph  is  perfected  by  a  substitute 
amendment,  the  pending  motion  to  strike  out  must  fall,  since  it  would 
not  be  in  order  to  strike  out  exactly  what  it  has  just  been  voted  to 
insert  (V,  5792;  VIII,  2854;  July  12,  1951,  p.  8090). 


[224] 


JEFFERSON'S  MANUAL 

H  470,  471. 

When  it  is  moved  to  amend  by  striking  out  certain 
5  470  Reading  the  WOY&S  %&&  inserting  others,  the  manner 
motion  ana  put«n«  of  stating  the  question  is  first  to  read 
motion^swto*  the  whole  passage  to  be  amended  as  it 
out  and  insert.  stands  at  present,  then  the  words  pro- 
posed to  be  struck  out,  next  those  to  be  inserted,  and 
lastly  the  whole  passage  as  it  will  be  when  amended. 
And  the  question,  if  desired,  is  then  to  be  divided, 
and  put  first  on  striking  out.  If  carried,  it  is  next 
on  inserting  the  words  proposed.  If  that  be  lost,  it 
may  be  moved  to  insert  others.  2  Hats.,  80,  7. 

Rule  XVI,  cl.  7,  of  the  House  of  Representatives  provides  specifically 
that  the  motion  to  strike  out  and  insert  shall  not  be  divided.  Other- 
wise, as  to  the  manner  of  stating  the  question,  it  is  usual  for  the  clerk  to 
read  only  the  words  to  be  stricken  out  and  the  words  to  be  inserted. 
Usually  this  is  sufficient,  as  the  Members  may  have  before  them  printed 
copies  of  the  bill  under  consideration. 

A  motion  is  made  to  amend  by  striking  out  certain 
§  471.  conditions  words  and  inserting  others  in  their  place, 
££?££.  which  is  negatived.  Then  it  is  moved 
out  and  insert.  to  strike  out  the  same  words,  and  to 
insert  others  of  a  tenor  entirely  different  from  those 
first  proposed.  It  is  negatived.  Then  it  is  moved  to 
strike  out  the  same  words  and  insert  nothing,  which 
is  agreed  to.  All  this  is  admissible,  because  to  strike 
out  and  insert  A  is  one  proposition.  To  strike  out 
and  insert  B  is  a  different  proposition.  And  to  strike 
out  and  insert  nothing  is  still  different.  And  the  re- 
jection of  one  proposition  does  not  preclude  the 
offering  a  different  one.  Nor  would  it  change  the  case 

[225] 


JEFFERSON'S  MANUAL 

§§  472,  473. 

were  the  first  motion  divided  by  putting  the  question 
first  on  striking  out,  and  that  negatived;  for,  as  put- 
ting the  whole  motion  to  the  question  at  once  would 
not  have  precluded,  the  putting  the  half  of  it  cannot 
do  it. 

As  to  Jefferson's  supposition  that  the  principle  would  hold  good  in 
case  of  division  of  the  motion  to  strike  out  and  insert  it  is  not  necessary 
to  inquire,  since  Rule  XVI,  cl.  7,  of  the  House  of  Representatives  forbids 
division  of  the  motion.  In  a  footnote  Jefferson  expressed  himself  as 
follows:  "In  the  case  of  a  division  of  the  question,  and  a  decision 
against  striking  out,  I  advance  doubtingly  the  opinion  here  expressed. 
I  find  no  authority  either  way,  and  I  know  it  may  be  viewed  under  a 
different  aspect.  It  may  be  thought  that,  having  decided  separately 
not  to  strike  out  the  passage,  the  same  question  for  striking  out  cannot 
be  put  over  again,  though  with  a  view  to  a  different  insertion.  Still 
I  think  it  more  reasonable  and  convenient  to  consider  the  striking  out 
and  insertion  as  forming  one  proposition,  but  should  readily  yield  to 
any  evidence  that  the  contrary  is  the  practice  in  Parliament." 

The  principle  set  forth  by  Jefferson  as  to  repetition  of  the  motion  to 
strike  out  prevails  in  the  House  of  Representatives, 

§  472.  Application  where  it  has  been  held  in  Qrd        af ^  ^  failure  of  a 

ot  the  motion  to  ...,.,  ,          ,     .  •,  ,    ., 

strikeout.  motion  to  strike  out  certain  words,  to  move  to  strike 

out  a  portion  of  those  words  .(V,  5769;  VIII,  2858). 
When  a  bill  is  under  consideration  by  paragraphs,  a  motion  to  strike 
out  applies  only  to  the  paragraph  under  consideration  (V,  5774), 

But  if  it  had  been  carried  affirmatively  to  strike 
§473.  Effect  of  out  the  words  and  to  insert  A,  it  could 
±^±011  not  afterward  be  permitted  to  strike 

outand  insert.  Qut   ^   an(J   {^3^    ft          rpj^   mover    Qf   g 

should  have  notified,  while  the  insertion  of  A  was 
under  debate,  that  he  would  move  to  insert  B; 
in  which  case  those  who  preferred  it  would  join  in 
rejecting  A. 

This  principle  controls  the  practice  of  the  House  of  Representatives. 

E226J 


JEFFERSON'S  MAKUAL 

§§  474,  475. 

After  A  is  inserted,  however,  it  may  be  moved  to 
§  474.  conditions  strike  out  a  portion  of  the  original  para- 
SraPh>  comprehending  A,  provided  the 
coherence  to  be  struck  out  be  so  sub- 
stantial as  to  make  this  effectively  a  different  propo- 
sition; for  then  it  is  resolved  into  the  common  case  of 
striking  out  a  paragraph  after  amending  it.  Nor 
does  anything  forbid  a  new  insertion,  instead  of  A 
and  its  coherence. 

The  principles  of  this  paragraph  have  been  followed  in  the  House  of 
Representatives  (V,  5763) ,  but  in  one  case  wherein  words  embodying  a 
distinct  substantive  proposition  had  been  agreed  to  as  an  amendment 
to  a  paragraph,  it  was  held  not  in  order  to  strike  out  a  part  of  the  words 
of  this  amendment  with  other  words  of  the  paragraph  (V,  5766). 

In  Senate,  January  25,  1798,  a  motion  to  postpone 
.    .  .     * '    *     until  the  second  Tuesday  in  February 

§  475.  Amendments  J  J 

muni  blanks  as  to  some  amendments  proposed  to  the  Con- 
tune"  stitution;  the  words  "until  the  second 

Tuesday  in  February"  were  struck  out  by  way  of 
amendment.  Then  it  was  moved  to  add,  "until  the 
first  day  of  June."  Objected  that  it  was  not  in  order, 
as  the  question  should  be  first  put  on  the  longest  time; 
therefore,  after  a  shorter  time  decided  against,  a 
longer  cannot  be  put  to  question.  It  was  answered 
that  this  rule  takes  place  only  in  filling  blanks  for  time. 
But  when  a  specific  time  stands  part  of  a  motion,  that 
may  be  struck  out  as  well  as  any  other  part  of  the 
motion;  and  when  struck  out,  a  motion  may  be 
received  to  insert  any  other.  In  fact,  it  is  not  until 
they  are  struck  out,  and  a  blank  for  the  time  thereby 

[227] 


JEFFERSON'S 

$476. 

produced,  that  the  rule  can  begin  to  operate,  by 
receiving  all  the  propositions  for  different  times,  and 
putting  the  questions  successively  on  the  longest. 
Otherwise  it  would  be  in  the  power  of  the  mover  by 
inserting  originally  a  short  time,  to  preclude  the 
possibility  of  a  longer,  for  till  the  short  time  is  struck 
out,  you  cannot  insert  a  longer;  and  if,  after  it  is 
struck  out,  you  cannot  do  it,  then  it  cannot  be  done 
at  all.  Suppose  the  first  motion  had  been  made  to 
amend  by  striking  out  "the  second  Tuesday  in  Feb- 
ruary," and  inserting  instead  thereof  "the  first  of 
June,"  it  would  have  been  regular,  then,  to  divide  the 
question,  by  proposing  first  the  question  to  strike  out, 
and  then  that  to  insert.  Now,  this  is  precisely  the 
effect  of  the  present  proceeding;  only,  instead  of  one 
motion  and  two  questions,  there  are  two  motions  and 
two  questions  to  effect  it — the  motion  being  divided 
as  well  as  the  question. 

The  motion  to  strike  out  and  insert  may  not  be  divided  in  the  House 
of  Representatives  (Rule  XVI,  cl.  7). 

When  the  matter  contained  in  two  bills  might  be 
M76.  joining  and  better  put  into  one,  the  manner  is  to 
dividing  bins.  reject  the  one  and  incorporate  its  mat- 
ter into  another  bill  by  way  of  amendment.  So  if 
the  matter  of  one  bill  would  be  better  distributed 
into  two,  any  part  may  be  struck  out  by  way  of 
amendment,  and  put  into  a  new  bill.  *  *  * 

In  the  modern  practice  of  the  House  of  Representatives  each  bill 
comes  before  the  House  by  itself;  and  if  it  were  proposed  to  join  one 
bill  to  another  it  would  be  done  by  offering  the  text  of  the  one  as  an 

[228] 


JEFFERSON'S  MANUAL 

§§  477-480. 

amendment  to  the  other,  without  disturbing  the  first  bill  in  its  place 
on  the  calendar.  Where  it  is  proposed  to  divide  a  bill,  the  object  is 
accomplished  in  the  House  of  Representatives  by  moving  to  recommit 
with  instructions  to  the  committee  to  report  two  bills  (V,  5527,  5528). 

*    *     *     If  a  section  is  to  be  transposed,  a  question 

477  Transposition    mus*  ^e  Put  on  striking  it  out  where  it 
of  the  sections  of  a     stands  and  another  for  inserting  it  in 
the  place  desired. 

This  principle  is  followed  in  the  practice  of  the  House  of  Representa- 
tives (V,  5775,  5776). 

A  bill  passed  by  the  one  House  with  blanks.     These 
may  be  filled  up  by  the  other  by  way 

•  »78.  Filling 

blanks  left  by  the  of  amendments,  returned  to  the  first 
other  ouse.  as  such,  and  passed.  8  Hats.,  83. 

The  number  prefixed  to  the  section  of  a  bill,  being 
merely  a  marginal  indication,  and  no 

5  479.  Clerk  amends  /.       i  PI  --M         i          y^ii 

the  section  numbers  part  of  the  text  of  the  bill,  the  Clerk 
of  a  bui.  regulates  that — the  House  or  committee 

is  only  to  amend  the  text. 

SEC.  XXXVI. DIVISION   OF   THE    QUESTION. 

If  a  question  contain  more  parts  than  one,  it  may 

be  divided  into  two  or  more  questions. 

tary  ia w  for  division    Mem.  in  Hakew.j  29.    But  not  as  the 

of  the  question.        right  Q£  an  ^dividual  member,  but  with 

the  consent  of  the  House.  For  who  is  to  decide 
whether  a  question  is  complicated  or  not — where  it 
is  complicated — into  how  many  propositions  it  may 
be  divided?  The  fact  is,  that  the  only  mode  of  sepa- 
rating a  complicated  question  is  by  moving  amend- 

62581  °— H.  Doc.  459,  86-2 16       [229] 


JEFFERSON'S  MANUAL 

§481. 

ments  to  it;  and  these  must  be  decided  by  the  House, 
on  a  question,  unless  the  House  orders  it  to  be 
divided;  as,  on  the  question,  December  2,  1640,  mak- 
ing void  the  election  of  the  knights  for  Worcester,  on 
a  motion  it  was  resolved  to  make  two  questions  of  it, 
to  wit,  one  on  each  knight.  2  Hats.,  85,  86.  So, 
wherever  there  are  several  names  in  a  question,  they 
may  be  divided  and  put  one  by  one.  9  Grey,  444. 
So,  1729,  April  17,  on  an  objection  that  a  question 
was  complicated,  it  was  separated  by  amendment. 
2  Hats.,  79. 

The  House  of  Representatives,  by  Rule  XVI,  cl.  6,  and  the  practice 
thereunder,  has  established  a  procedure  differing  materially  from  that 
above  set  forth. 

The  soundness  of  these  observations  will  be  evi- 

481  Jefferson's      ^®^  from  the  embarrassments  produced 

dtecwisioiiofdivi.     by  the  XVIIIth  rule  of  the  Senate, 

question.    WJIJCJ]L  sayS^  «jf  ^he  question  in  debate 

contains  several  points,  any  member  may  have  the 
same  divided/7 

1798,  May  30,  the  alien  bill  in  quasi-committee. 
To  a  section  and  proviso  in  the  original,  had  been 
added  two  new  provisos  by  way  of  amendment.  On 
a  motion  to  strike  out  the  section  as  amended,  the 
question  was  desired  to  be  divided.  To  do  this  it 
must  be  put  first  on  striking  out  either  the  former 
proviso,  or  some  distinct  member  of  the  section.  But 
when  nothing  remains  but  the  last  member  of  the  sec- 
tion and  the  provisos,  they  cannot  be  divided  so  as  to 
put  the  last  member  to  question  by  itself,  for  the  pro- 

[230] 


JEFFERSON'S  MANUAL 

5481. 

visos  might  thus  be  left  standing  alone  as  exceptions 
to  a  rule  when  the  rule  is  taken  away;  or  the  new 
provisos  might  be  left  to  a  second  question,  after 
having  been  decided  on  once  before  at  the  same 
reading,  which  is  contrary  to  rule.  But  the  question 
must  be  on  striking  out  the  last  member  of  the  section 
as  amended.  This  sweeps  away  the  exceptions  with 
the  rule,  and  relieves  from  inconsistence.  A  ques- 
tion to  be  divisible  must  comprehend  points  so  dis- 
tinct and  entire  that  one  of  them  being  taken  away, 
the  other  may  stand  entire.  But  a  proviso  or  ex- 
ception, without  an  enacting  clause,  does  not  contain 
an  entire  point  or  proposition. 

May  31. — The  same  bill  being  before  the  Senate. 
There  was  a  proviso  that  the  bill  should  not  extend — 
1.  To  any  foreign  minister;  nor,  2.  To  any  person  to 
whom  the  President  should  give  a  passport;  nor,  3. 
To  any  alien  merchant  conforming  himself  to  such 
regulations  as  the  President  shall  prescribe;  and  a 
division  of  the  question  into  its  simplest  elements  was 
called  for.  It  was  divided  into  four  parts,  the  4th 
taking  in  the  words  "conforming  himself/'  &c.  It 
was  objected  that  the  words  "any  alien  merchant," 
could  not  be  separated  from  their  modifying  words, 
"conforming/7  &c.,  because  these  words,  if  left  by 
themselves,  contain  no  substantive  idea,  will  make 
no  sense.  But  admitting  that  the  divisions  of  a 
paragraph  into  separate  questions  must  be  so  made 
as  that  each  part  may  stand  by  itself,  yet  the  House 


JEFFERSON'S 

({482*488. 

having,  on  the  question,  retained  the  two  first  divi- 
sions, the  words  "any  alien  merchant''  may  be  struck 
out,  and  their  modifying  words  will  then  attach 
themselves  to  the  preceding  description  of  persons, 
and  become  a  modification  of  that  description. 
When  a  question  is  divided,  after  the  question  on 
the  1st  member,  the  2d  is  open  to  debate 
and  amendment;  because  it  is  a  known 
to  debate  or  J^Q  that  a  person  may  rise  and  speak 

8111611   "*  at  any  time  before  the  question  has  been 

completely  decided,  by  putting  the  negative  as  well 
as  affirmative  side.  But  the  question  is  not  com- 
pletely put  when  the  vote  has  been  taken  on  the  first 
member  only.  One-half  of  the  question,  both  affirm- 
ative and  negative,  remains  still  to  be  put.  See 
Execut.  Jour.,  June  25,  1795.  The  same  decision  by 
President  Adams. 

SEC.  XXXVII. — COEXISTING   QUESTIONS. 

It  may  be  asked  whether  the  House  can  be  in  pos- 
session  of  two  motions  or  propositions 

at  the  same  time?  so  that>  one  of  them 
being  decided,  the  other  goes  to  ques- 
tion without  being  moved  anew?  The  answer  must 
be  special.  When  a  question  is  interrupted  by  a  vote 
of  adjournment,  it  is  thereby  removed  from  before 
the  House,  and  does  not  stand  ipso  facto  before  them 
at  their  next  meeting,  but  must  come  forward  in  the 
usual  way.  So,  when  it  is  interrupted  by  the  order 

[282] 


JEFFERSON'S  MANUAL 

§484. 

of  the  day.  Such  other  privileged  questions  also  as 
dispose  of  the  main  question  (e.  g.,  the  previous  ques- 
tion, postponement,  or  commitment),  remove  it  from 
before  the  House.  But  it  is  only  suspended  by  a 
motion  to  amend,  to  withdraw,  to  read  papers,  or  by  a 
question  of  order  or  privilege,  and  stands  again  before 
the  House  when  these  are  decided.  None  but  the 
class  of  privileged  questions  can  be  brought  forward 
while  there  is  another  question  before  the  House,  the 
rule  being  that  when  a  motion  has  been  made  and 
seconded,  no  other  can  be  received  except  it  be  a 
privileged  one. 

The  principles  of  this  provision  must,  of  course,  be  viewed  in  the  light 
of  a  more  highly  perfected  order  of  business  than  existed  in  Jefferson's 
tune  (Rule  XXIV).  The  motion  to  withdraw  is  not  known  in  the  prac- 
tice  of  the  House,  not  being  among  the  motions  enumerated  in  Rule 
XVI,  cl.  4. 

SEC.    XXXVIII. — EQUIVALENT   QUESTION'S. 

If,  on  a  question  for  rejection,  a  bill  be  retained,  it 
5  484.  Former  passes,  of  course,  to  its  next  reading, 
practice  as  to  Hakew.,  IJ^l;  Scob.,  4®-  And  a  ques- 

rejectionand  j?  J  j-  J    j.  •        J 

second  readme  tion  for  a  second  reading,  determined 
of  bins.  negatively,  is  a  rejection  without  fur- 

ther question.  4  Grey,  149.  And  see  Elsynge's 
Memor.,  42,  in  what  cases  questions  are  to  be  taken 
for  rejection. 

The  House  of  Representatives  has  abandoned  the  question  "Shall  the 
bill  be  rejected?"  (IV,  3391),  and  the  question  is  now  taken  in  accord- 
ance with  Rule  XXI,  cl.  1.  A  vote  is  not  taken  on  the  second  reading, 
the  first  test  coming  in  the  modern  practice  of  the  House  on  the  en- 
grossment and  third  reading. 

[233] 


JEFFERSON'S 


§§485.486. 

Where  questions  are  perfectly  equivalent,  so  that 
the  negative  of  the  one  amounts  to  the 
affirmative  of  the  other,  and  leaves  no 
other  alternative,  the  decision  of  the  one 
concludes  necessarily  the  other.  4  Grey,  157.  Thus 
the  negative  of  striking  out  amounts  to  the  affirma- 
tive of  agreeing;  and  therefore  to  put  a  question  on 
agreeing  after  that  on  striking  out,  would  be  to  put 
the  same  question  in  effect  twice  over.  Not  so  in 
questions  of  amendments  between  the  two  Houses. 
A  motion  to  recede  being  negatived,  does  not  amount 
to  a  positive  vote  to  insist,  because  there  is  another 
alternative,  to  wit,  to  adhere. 

The  principles  set  forth  in  this  paragraph  are  recognized  by  the 
practice  of  the  House  of  Representatives;  but  Jefferson's  use  of  the 
motion  to  strike  out  as  an  illustration  is  no  longer  justified,  since  the 
practice  of  the  House  under  Rule  XVI,  cl.  7,  does  not  permit  the  nega- 
tive of  the  motion  to  strike  out  to  be  equivalent  to  the  affirmative  of 
agreeing. 

A  bill  originating  in  one  House  is  passed  by  the 
§486  Equipment  °^er  with  an  amendment.  A  motion 
questions  on  in  the  originating  House  to  agree  to  the 

between  amendment  is  negatived-     Does  there 

the  Houses.  result  from  this  a  vote  of  disagreement, 

or  must  the  question  on  disagreement  be  expressly 
voted?  The  question  respecting  amendments  from 
another  House  are  —  1st,  to  agree;  2d,  disagree;  3d, 
recede;  4th,  insist;  5th,  adhere. 


[234] 


{§487,488. 

The  rejection  of  a  motion  to  concur  in  a  Senate  amendment  is  equiv- 
alent to  disagreeing,  and  the  latter  motion  is  not  put  (VIII,  3178).. 

In  the  House  of  Representatives  and  the  Senate  the  order  of  preced- 
ence of  motions  is  as  given  in  the  Parliamentary  law,  and  the  motions 
take  precedence  in  that  order  without  regard  to  the  order  in  which 
they  are  moved  (V,  6270,  6324).  But  a  motion  to  amend  an  amend- 
ment of  the  other  House  has  precedence  of  the  motion  to  agree  or 
disagree  (V,  6164,  6169-6171;  VIII,  3202).  But  it  has  been  held  that 
when  the  previous  question  has  been  demanded  or  ordered  on  a  motion 
to  concur,  a  motion  to  amend  is  not  in  order  (V,  5488) .  The  motion 
to  refer  also  takes  precedence  of  the  motions  to  agree  or  disagree  (V, 
6172-6174),  but  the  demanding  or  ordering  of  the  previous  question 
does  not  prevent  a  motion  to  refer  (V,  5575). 

1st.   To  agree;  2d.   To  disagree. — Either  of  these 
concludes  the  other  necessarily,  for  the 
motions  to  agree       positive  of  either  is  exactly  the  equiva- 
reiatelufmotoiis      lent  to  the  negative  of  the  other,  and 
to  amend.  no  Q^J^J.  alternative  remains.    On  either 

motion  amendments  to  the  amendment  may  be 
proposed;  e.  g.,  if  it  be  moved  to  disagree,  those 
who  are  for  the  amendment  have  a  right  to  propose 
amendments,  and  to  make  it  as  perfect  as  they  can, 
before  the  question  of  disagreeing  is  put. 

3d.  To   recede.— 'You  may   then   either   insist   or 
adhere. 

4th.  To  insist. — You  may  then  either 
re<*xte  Or  adhere. 

5th.  To  adhere. — You  may  then  either 
recede  or  insist. 

Consequently  the  negative  of  these  is  not  equiva- 
lent to  a  positive  vote  the  other  way.  It  does  not 
raise  so  necessary  an  implication  as  may  authorize  the 


[235], 


JEFFERSON'S  MANUAL 


. 

Secretary  by  inference  to  enter  another  vote;  for  two 
alternatives  still  remain,  either  of  which  may  be 
adopted  by  the  House* 

In  the  practice  of  the  House  of  Bepresentatives  the  voting  down  of 
the  motion  to  recede  and  concur  is  tantamount  to  insistence,  but  is  not 
equivalent  to  adherence  (Speaker  Clark,  July  2,  1918,  p.  8648). 

SEC.  XXXIX.  —  THE  QUESTION. 

§489.  Putting  The  question  is  to  be  put  first  on  the 

the  que^on.          affirmative,  and  then  on  the  negative 


side. 

Rule  I,  cL  5,  of  the  House  of  Representatives,  provides  more  fully  for 
putting  the  question. 

After  the  Speaker  has  put  the  affirmative  part  of 
the  question,  any  Member  who  has  not 
spoken  before  to  the  question  may  rise 
^^  speak  before  the  negative  be  put; 
because  it  is  no  full  question  till  the 
negative  part  be  put.  Scob.,  28;  2  Hats.,  73. 

But  in  small  matters,  and  which  are  of  course, 
5491.  informal  suc^  ^  receiving  petitions,  reports, 
putting  of  the  withdrawing  motions,  reading  papers, 
&c.,  the  Speaker  most  commonly  sup- 
poses the  consent  of  the  House  where  no  objection 
is  expressed,  and  does  not  give  them  the  trouble  of 
putting  the  question  formally.  Scob.,  22;  2  Hats., 
79,  2,  87;  5  Grey,  129;  9  Grey,  301. 


.[286] 


JEFFERSON'S  MANUAL 

§$492.493. 
SEC.    XL. — BILLS,    THIRD   READING. 

To  prevent  bills  from  being  passed  by  surprise, 
the  House,  by  a  standing  order,  directs 
that  they  shall  not  be  put  on  their 
passage  before  a  fixed  hour,  naming 
one  at  which  the  house  is  commonly 
full.  Hakew.,  158. 

The  usage  of  the  Senate  is  not  to  put  bills  on  their 
passage  till  noon. 

A  bill  reported  and  passed  to  the  third  reading, 
cannot  on  that  day  be  read  the  third  time  and  passed; 
because  this  would  be  to  pass  on  two  readings  in  the 
same  day. 

None  of  these  restrictions  is  of  effect  in  the  modern  practice  of  the 
House  of  Representatives.  Rule  XXI,  cl.  1,  permits  a  bill  to  be  read 
a  third  time  and  passed  on  the  same  day,  and  it  is  in  order  to  proceed 
with  a  bill  at  any  time,  unless  the  absence  of  a  quorum  be  shown. 

At  the  third  reading  the  Clerk  reads  the  bill  and 
delivers  it  to  the  Speaker,  who  states 
the  title,  that  it  is  the  third  time  of 
reading  the  bill,  and  that  the  question 
will  be  whether  it  shall  pass.  Formerly 
the  Speaker,  or  those  who  prepared  a  bill,  prepared 
also  a  breviate  or  summary  statement  of  its  contents, 
which  the  Speaker  read  when  he  declared  the  state 
of  the  bill,  at  the  several  readings.  Sometimes,  how- 
ever, he  read  the  bill  itself,  especially  on  its  passage. 
Hakew.,  136,  137,  15S;  Coke,  88,  115.  Latterly, 
instead  of  this,  he,  at  the  third  reading,  states  the 


[237] 


JEFFERSON'S  MANUAL 

§494. 

whole  contents  of  the  bill  verbatim,  only,  instead  of 
reading  the  formal  parts,  "Be  it  enacted,"  &c.,  he 
states  that  "preamble  recites  so  and  so  —  the  1st 
section  enacts  that,  &c.;  the  2d  section  enacts/'  &c. 
But  in  the  Senate  of  the  United  States,  both  of 
these  formalities  are  dispensed  with;  the  breviate 
presenting  but  an  imperfect  view  of  the  bill,  and 
being  capable  of  being  made  to  present  a  false  one; 
and  the  full  statement  being  a  useless  waste  of  time, 
immediately  after  a  full  reading  by  the  Clerk,  and 
especially  as  every  member  has  a  printed  copy  in 
his  hand. 

In  the  House  of  Representatives  there  is  no  practice  justifying  the 
presentation  of  a  breviated  summary;  and  the  procedure  on  third 
reading  is  definitely  prescribed  by  Rule  XXI,  cl.  1. 

A  bill  on  the  third  reading  is  not  to  be  committed 


§494.  committal  ma*ter  or  body  thereof,  but  to 

of  a  bm  on  third  receive  some  particular  clause  or  pro- 
ving. viso,  it  hath  been  sometimes  suffered, 

but  as  a  thing  very  unusual.  HaJcew.,  156.  Thus, 
27  El.,  1584,  a  bill  was  committed  on  the  third  read- 
ing, having  been  formerly  committed  on  the  second, 
but  is  declared  not  usual.  D'Ewes,  837,  col.  2;  414, 
col  2. 

In  the  House  of  Representatives  it  is  in  order  to  commit  a  bill  either 
before  or  after  the  engrossment  and  third  reading  (V,  5562)  ;  and  by 
Rule  XVII;  cl.  1,  the  House  has  preserved  this  opportunity  to  commit 
even  after  the  previous  question  has  been  ordered. 


[238] 


JEFFERSON'S  MANUAL 

§§  495-497. 

When  an  essential  provision  has  been  omitted, 
§495.  obsolete  rather  than  erase  the  bill  and  render  it 
JlSSni^  suspicious,  they  add  a  clause  on  a 
riders-  separate  paper,  engrossed  and  called  a 

rider,  which  is  read  and  put  to  the  question  three 
times.  Elsynge's  Memo.,  59;  6  Grey,  S35;  1  Blackst., 
183.  For  examples  of  riders,  see  3  Hats.,  181,  122, 
124,  156.  Every  one  is  at  liberty  to  bring  in  a  rider 
without  asking  leave.  10  Grey,  52. 

This  practice  is  never  followed  in  the  House  of  Representatives. 

It  is  laid  down,  as  a  general  rule,  that  amendments 
§496.  obsolete  proposed  at  the  second  reading  shall  be 
;^70efntasto  twice  read,  and  those  proposed  at  the 
amendments.  third  reading  thrice  read;  as  also  all 

amendments  from  the  other  House.  Town.,  col.  19, 
28,  24,  25,  26,  27,  28. 

In  the  practice  of  the  House  of  Representatives  amendments,  whether 
offered  in  the  House  or  coming  from  the  other  House,  do  not  come  under 
the  rule  requiring  different  readings. 

It  is  with  great  and  almost  invincible  reluctance 
that  amendments  are  admitted  at  this 

§497.  Amend-  . 

ments  before  the  reading,  which  occasion  erasures  or  m- 
third  reading,  terlineations.  Sometimes  a  proviso  has 
been  cut  off  from  a  bill;  sometimes  erased.  9  Grey, 
513. 

This  is  the  proper  stage  for  filling  up  blanks;  for  if 
filled  up  before,  and  now  altered  by  erasure,  it  would 
be  peculiarly  unsafe. 


[239] 


JEFFERSON'S  MANUAL 

5§  498,  499, 

In  the  House  of  Representatives  bills  are  amended  after  the  second 
reading  (IV,  3392),  and  before  the  engrossment  and  third  reading  (V, 
5781;  VII,  1051,  1052)  but  not  afterwards. 

At  this  reading  the  bill  is  debated  afresh,  and  for 
the  most  part  is  more  spoken  to  at  this 

§498.  Debate  in  ,  .  ,-,  *  1  1       i  i* 

relation  to  the         tune  than  on  any  of  the  former  readings. 

threading. 


The  debate  on  the  question  whether  it  should  be 
read  a  third  time,  has  discovered  to  its  friends  and 
opponents  the  arguments  on  which  each  side  relies, 
and  which  of  these  appear  to  have  influence  with  the 
House;  they  have  had  time  to  meet  them  with  new 
arguments,  and  to  put  their  old  ones  into  new  shapes. 
The  former  vote  has  tried  the  strength  of  the  first 
opinion,  and  furnished  grounds  to  estimate  the  issue; 
and  the  question  now  offered  for  its  passage  is  the 
last  occasion  which  is  ever  to  be  offered  for  carrying 
or  rejecting  it. 

In  the  House  of  Representatives  it  is  usual  to  debate  a  bill  before 
and  not  after  the  engrossment  and  third  reading,  probably  because  of 
the  frequent  use  of  the  previous  question,  which  prevents  all  debate 
after  it  is  ordered.  When  the  previous  question  is  not  ordered,  debate 
may  occur  pending  the  vote  on  the  passage. 

When  the  debate  is  ended,  the  Speaker,  holding  the 
5499.  putting  the  kill  ^  ^s  ^an.d,  puts  the  question  for 
question  on  the  its  passage,  by  saying,  "Gentlemen,  all 

passage  of  a  bflL  ,  «  .     .  ,  -.   •       ••   .11 

you  who  are  of  opinion  that  this  bill 
shall  pass,  say  aye;"  and  after  the  answer  of  the  ayes, 
"All  those  of  the  contrary  opinion,  say  no."  Hakew., 
154. 


[240] 


JEFFERSON'S  MANUAL 

§§500-502. 

In  the  House  of  Representatives  the  bill  is  usually  in  the  hands  of  the 
Clerk.  The  Speaker  states  that  "The  question  is  on  the  passage  of  the 
bill,"  and  puts  the  question  in  the  form  prescribed  by  Rule  I,  cl.  5. 

§5oo.  Ems  not  After  tte  biU  is  Passed>  there  can  be 

altered  after  tneir  no  further  alteration  of  it  in  any  point. 
passa*e'  Hakew.,  159. 

This  principle  controls  the  practice  of  the  House  of  Representatives, 
except  as  a  bill  may  be  changed  after  the  votes  on  the  passage  and 
engrossment  have  been  reconsidered. 

SEC.   XLI.  —  DIVISION  OF  THE   HOUSE. 

The  affirmative  and  negative  of  the  question  having 
§501.  Division  of  been  both  put  and  answered,  the 
^te^ttoX  Speaker  declares  whether  the  yeas  or 
sound.  nayS  have  it  by  the  sound,  if  he  be 

himself  satisfied,  and  it  stands  as  the  judgment  of 
the  House.  But  if  he  be  not  himself  satisfied  which 
voice  is  the  greater,  or  if  before  any  other  Member 
comes  into  the  House,  or  before  any  new  motion 
made  (for  it  is  too  late  after  that),  any  Member  shall 
arise  and  declare  himself  dissatisfied  with  the 
Speaker's  decision,  then  the  Speaker  is  to  divide  the 
House.  Scob.,  24;  2  Hats.,  140. 

This  practice  is  provided  for  in  different  language  by  Rule  I,  cl.  5. 

When  the  House  of  Commons  is  divided,  the  one 

party  goes  forth,  and  the  other  remains 

tary  provisions  as       in  the  House.    This  has  made  it  impor- 


tant  which  go  forth  and  which  remain; 
House-  because  the  latter  gain  all  the  indolent, 

the  indifferent,  and  inattentive.    Their  general  rule, 

[241] 


JEFFERSON'S  MANTTAL 

§502. 

therefore,  is  that  those  who  give  their  vote  for  the 
preservation  of  the  orders  of  the  House  shall  stay  in, 
and  those  who  are  for  introducing  any  new  matter 
or  alteration,  or  proceeding  contrary  to  the  established 
course,  are  to  go  out.  But  this  rule  is  subject  to 
many  exceptions  and  modifications.  2  Hats.,  184; 
1  Rush.,  p.  8,  fol  92;  Scob.,  48,  52;  Co.,  12,  116; 
D'Ewes,  505,  col.  1;  Mem.  in  Hakew.,  25,  29;  as  will 
appear  by  the  following  statement  of  who  go  forth: 

Petition  that  it  be  received  (Noes,  9  Grey,  365) -JAves 

Read J 

Lie  on  the  table JNoes 

Rejected  after  refusal  to  lie  on  table J 

Referred  to  a  committee,  or  further  proceeding Ayes. 

Bill,  that  it  be  brought  in "j 

Read  first  or  second  time 1 

Engrossed  or  read  third  tune /Ayes. 

Proceeding  on  every  other  stage 

Committed ) 

To  Committee  of  the  Whole Noes. 

To  a  select  committee Ayes. 

Report  of  bill  to  lie  on  table Noes. 

Be  nowre&d 1  Ayes. 

Be  taken  into  consideration  three  months  hence J  30,  P.  J.  251 

Amendments  to  be  read  a  second  time Noes. 

Clause  offered  on  report  of  bill  be  read  second  time 1  Ayes. 

For  receiving  a  clause r  334. 

With  amendments  be  engrossed J  395. 

That  a  bill  be  now  read  a  third  time Noes.      398. 

Receive  arider 1  260. 

Pass [Ayes.      259. 

Be  printed J 


[242] 


JEFFERSON'S  MANUAL 

§502. 

Committees .     That  A  take  the  chair 

To  agree  to  the  whole  or  any  part  of  report 

That  the  House  do  now  resolve  into  committee 


Speaker.     That  he  now  leave  the  chair,  after  order  to  go 


Noes.      291. 


into  committee. 

That  he  issue  warrant  for  a  new  writ 

Member.     That  none  be  absent  without  leave- 
Witness.     That  he  be  further  examined Ayes.      344. 

Previous  question Noes. 

Blanks.     That  they  be  filled  with  the  largest  sum 1  . 

Amendments.     That  words  stand  part  of J    ^es* 

Lords.     That  their  amendment  be  read  a  second  time.  -   Noes. 

Messenger  be  received 1 

Orders  of  the  day  to  be  now  read,  if  before  2  o'clock J    yes* 

If  after  2  o'clock Noes. 

Adjournment.    Till  the  next  sitting  day,  if  before  4  o'clock-  Ayes. 

If  after  4  o'clock Noes. 

Over  a  sitting  day  (unless  a  previous  resolution) Ayes. 

Over  the  30th  of  January Noes. 

For  sitting  on  Sunday,  or  any  other  day  not  being  a  sitting!  A 

day JAyeS' 

The  one  party  being  gone  forth,  the  Speaker  names 
two  tellers  from  the  affirmative  and  two  from  the 
negative  side,  who  first  count  those  sitting  in  the 
House  and  report  the  number  to  the  Speaker.  Then 
they  place  themselves  within  the  door,  two  on  each 
side,  and  count  those  who  went  forth  as  they  come  in 
and  report  the  number  to  the  Speaker.  Mem.  in 

Hakew.,  26. 

In  the  House  of  Representatives  the  two  tellers  take  their  places  in 
the  entrance  to  the  center  aisle  and  the  affirmative  and  the  negative 
pass  between  them  to  be  counted. 


L243J 


JEFFERSON'S 

((503,504. 

A  mistake  in  the  report  of  the  tellers 
of^ro^brteuerfl     may  be  rectified  after  the  report  made. 

after  thereport. 


When  it  is  proposed  to  take  the  vote  by  yeas  and 
§504.  vo«ng  by        nays,  the  President  or  Speaker  states 


s  and  nays.  ^^  «£he  question  is  whether,  e.  g.,  the 
bill  shall  pass  —  that  it  is  proposed  that  the  yeas  and 
nays  shall  be  entered  on  the  journal.  Those,  there- 
fore, who  desire  it  will  rise."  If  he  finds  and  declares 
that  one-fifth  have  risen,  he  then  states  that  "  those 
who  are  of  opinion  that  the  bill  shall  pass  are  to 
answer  in  the  affirmative;  those  of  the  contrary 
opinion  in  the  negative/  '  The  Clerk  then  calls  over 
the  names  alphabetically,  notes  the  yea  or  nay  of 
each,  and  gives  the  list  to  the  President  or  Speaker, 
who  declares  the  result.  In  the  Senate  if  there  be  an 
equal  division  the  Secretary  calls  on  the  Vice- 
President  and  notes  his  affirmative  or  negative, 
which  becomes  the  decision  of  the  House. 

In  the  House  of  Representatives  tellers  were  sometimes,  though 
rarely,  ordered  to  determine  whether  one-fifth  joined  in  the  demand  for 
the  yeas  and  nays  (V,  6045)  but  in  the  later  practice  the  Speaker's 
count  is  not  subject  to  verification  (VIII,  3114-3118),  and  it  is  not  in 
order  to  demand  a  rising  vote  of  those  opposed  on  a  count  by  the 
Speaker  to  ascertain  if  one-fifth  concur  in  demand  for  yeas  and  nays 
(VIII,  3112,  3113).  Rule  XV  ol.  1  of  the  House  provides  the  method 
of  taking  the  yeas  and  nays  in  the  modern  practice. 


[244] 


JEPFEKSON'S  MANUAL 

5505. 

In  the  House  of  Commons  every  member  must  give 

505   Parllamen-  ^  V0t6  ^  ^^  WB^  °*  ^  Other  ,  Smb., 

taryiawasto  %4)  as  it  is  not  permitted  to  anyone  to 
gmng  <>f  votes,  withdraw  who  is  in  the  House  when  the 
question  is  put,  nor  is  anyone  to  be  told  in  the  divi- 
sion who  was  not  in  when  the  question  was  put. 
2  Hats.,  140. 

This  last  position  is  always  true  when  the  vote  is 
by  yeas  and  nays;  where  the  negative  as  well  as 
affirmative  of  the  question  is  stated  by  the  President 
at  the  same  time,  and  the  vote  of  both  sides  begins 
and  proceeds  pari  passu.  It  is  true  also  when  the 
question  is  put  in  the  usual  way,  if  the  negative  has 
also  been  put;  but  if  it  has  not,  the  member  entering, 
or  any  other  member  may  speak,  and  even  propose 
amendments,  by  which  the  debate  may  be  opened 
again,  and  the  question  be  greatly  deferred.  And 
as  some  who  have  answered  aye  may  have  been 
changed  by  the  new  arguments,  the  affirmative  must 
be  put  over  gain.  If,  then,  the  member  entering 
may,  by  speaking  a  few  words,  occasion  a  repetition 
of  a  question,  it  would  be  useless  to  deny  it  on  his 
simple  call  for  it. 

Ruleyill,  cl.  1,  of  the  House  of  Representatives  requires  Members  to 
vote;  but  no  rule  excludes  from  voting  those  not  present  at  the  putting 
of  the  question,  and  this  requirement  of  the  parliamentary  law  is  not 
observed  in  the  House.  No  attempt  is  made  to  prevent  Members  from 
withdrawing  after  a  question  is  put,  unless  there  be  a  question  as  to  a 
quorum,  when  the  House  proceeds  under  Rule  XV,  cl.  2,  4. 


62581°— H.  Doc.  459,  86-2 IT 


$$506-503. 

While  the  House  is  telling,  no  Member  may  speak 
or  move  out  of  his  place,  for  if  any  rois- 

§506.  Movements  t       i    •>  i    i         i      ^   t 

of  Members  dun**  take  be  suspected  it  must  be  told  again. 
votintf-  Mem,  in  Hakew.,  26;  2  Hats.,  143. 

This  mle  applies  in  the  House  of  Representatives  on  a  vote  by 
division,  where  the  Speaker  counts;  but  not  to  a  vote  by  tellers,  where 
the  members  pass  between  the  tellers,  or  to  a  vote  by  yeas  and  nays. 

If  any  difficulty  arises  in  point  of  order  during  the 
division,  the  Speaker  is  to  decide  per- 

§  507.  Decisions  '  .  f  ^ 

of  points  of  order  emptorily,  subject  to  the  future  censure 
during  ^  jj^  House  if  irregular.  He  some- 

times permits  old  experienced  Members  to  assist  him 
with  their  advice,  which  they  do  sitting  in  their  seats, 
covered,  to  avoid  the  appearance  of  debate;  but  this 
can  only  be  with  the  Speaker's  leave,  else  the  division 
might  last  several  hours.  2  Hats.,  143. 

In  the  House  of  Representatives  any  Member  advising  the  Speaker 
would  rise  and  give  advice  standing  under  Rule  XIV,  cL  1. 

The  voice  of  the  majority  decides;  for  the  lex 
§508.  Decision  by  majoris  partis  is  the  law  of  all  councils, 


. 

of  majority;  elections,  &c.,  where  not  otherwise  ex- 
ana  tie  votes.  pressly  provided.  Hakew.,  98.  But  if 
the  House  be  equally  divided,  semper  presuamtur  pro 
negante;  that  is,  the  former  law  is  not  to  be  changed 
but  a  majority.  Towns.,  col.  134. 

The  House  of  Representatives  provides  also  by  rule  that  in  all  cases 
of  tie  vote  the  question  shall  be  lost. 


1246] 


JEFFERSON'S   MANUAL 

$§  509-511. 

The  House  of  Representatives,  however,  requires  a  two-thirds  vote 

on  a  motion  to  suspend  the  rules   (Rule  XXVII, 

§  509.  Two-thirds         cl.    1),    on   a   motion  to   dispense   with    Calendar 

votes.  Wednesday  (Rule  XXIV,  cl.  7),  on  a  motion  to 

dispense  with  the  call  of  the  Private  Calendar  on 

the  first  Tuesday  of  each  month  (Rule  XXIV,  cl.  6),  and  to  consider 

a  special  rule  immediately  (Rule  XI,  §  729),  and  the  Constitution  of 

the  United  States  requires  two-thirds  votes  for  passing  vetoed  bills, 

removing   political    disabilities,    and    passing   resolutions    proposing 

amendments  to  the  Constitution. 

When  from  counting  the  House  on  a  division  it 
§510.  Business  appears  that  there  is  not  a  quorum, 
tke  matter  continues  exactly  in  the 
state  in  which  it  was  before  the  divi- 
sion, and  must  be  resumed  at  that  point  on  any 
future  day.  2  Hats.,  126. 

In  the  House  of  Representatives  the  failure  of  a  quorum,  necessitates 
the  suspension  of  even  the  most  highly  privileged  business  (IV,  2934; 
VI,  662),  and  debate  as  well  (IV,  2935-2949) ;  there  must  be  a  quorum 
before  the  House  may  proceed  (IV,  2952,  2953),  and  no  motion  will  be 
entertained  except  for  a  call  of  the  House  or  to  adjourn  (IV,  2950; 
VI,  680).  Even  in  the  closing  hours  of  a  Congress  business  has  been 
stopped  by  the  failure  of  a  quorum  (V,  6309). 

1606,  May  1,  on  a  question  whether  a  Member 
§511.  change  of  having  said  yea  may  afterwards  sit 
avote-  and  change  his  opinion,  a  precedent 

was  remembered  by  the  Speaker,  of  Mr.  Morris7  at- 
torney of  the  wards,  in  89  Eliz.,  who  in  like  case 
changed  his  opinion.  Mem.  in  Hakew.,  27. 

The  House  of  Representatives  is  governed  in  this  respect  by  the 
practice  under  Rule  XV,  cl.  1. 


[247] 


JEFFERSON'S  MANUAL 

§5  512,  518. 

SEC.  XLII. — TITLES. 

After  the  bill  has  passed,  and  not  before,  the  title 
may  be  amended,  and  is  to  be  fixed  by 

§  512.  Amend-  ^  ••    /i         i    MI    •       ,1 

ments  to  the  title  a  question;  and  the  bill  is  then  sent  to 
ofabm'  the  other  House, 

The  House  of  Representatives  by  Rule  XIX  embodies  this  principle 
with  an  additional  provision  as  to  debate. 

SEC.    XLIII. — RECONSIDERATION. 

1798,  Jan.  A  bill  on  its  second  reading  being 
ins.  Eariy  amended,  and  on  the  question  whether 

senate  practice  ft  gj^  ke  rea(j  a  third  time  negatived, 
reconsideration.  was  restored  by  a  decision  to  reconsider 
that  question.  Here  the  votes  of  negative  and  recon- 
sideration, like  positive  and  negative  quantities  in 
equation,  destroy  one  another,  and  are  as  if  they 
were  expunged  from  the  journals.  Consequently  the 
bill  is  open  for  amendment,  just  so  far  as  it  was  the 
moment  preceding  the  question  for  the  third  reading; 
that  is  to  say,  all  parts  of  the  bill  are  open  for  amend- 
ment except  those  on  which  votes  have  been  already 
taken  in  its  present  stage.  So,  also,  it  may  be  recom- 
mitted. 

The  rule  permitting  a  reconsideration  of  a  question 
affixing  to  it  no  limitation  of  time  or  circumstance,  it 
may  be  asked  whether  there  is  no  limitation?  If, 
after  the  vote,  the  paper  on  which  it  is  passed  has 
been  parted  with,  there  can  be  no  reconsideration,  as 
if  a  vote  has  been  for  the  passage  of  a  bill  and  the  bill 

[248] 


JEFFERSON'S  MANUAL 

§5  514.  515. 

has  been  sent  to  the  other  House.  But  where  the 
paper  remains,  as  on  a  bill  rejected,  when  or  under 
what  circumstances  does  it  cease  to  be  susceptible  of 
reconsideration?  This  remains  to  be  settled,  unless 
a  sense  that  the  right  of  reconsideration  is  a  right  to 
waste  the  time  of  the  House  in  repeated  agitations  of 
the  same  question,  so  that  it  shall  never  know  when 
a  question  is  done  with,  should  induce  them  to  reform 
this  anomalous  proceeding. 

The  House  of  Representatives  provides  for  reconsideration,  by  Rule 
XVIII,  cl.  1. 

In  Parliament  a  question  once  carried  can  not  be 
questioned  again  at  the  same  session, 

§  514.  Parliamen- 


11 

but  must  stand  as  the  judgment  of 
^e  House.     Towns.,  col.  67;  Mem.  in 
Hakew.,33.     *     *     * 

*  *  *  And  a  bill  once  rejected,  another  of  the 
§515.  A  bm  once  same  substance  can  not  be  brought  in 
rejected  not  to  be  again  the  same  session.  Hakew.,  158; 

brought  up  again. 

at  the  same  6  Grey,  392.    But  this  does  not  extend 


to  prevent  putting  the  same  question 
in  different  stages  of  a  bill,  because  every  stage 
of  a  bill  submits  the  whole  and  every  part  of  it  to 
the  opinion  of  the  House  as  open  for  amendment, 
either  by  insertion  or  omission,  though  the  same 
amendment  has  been  accepted  or  rejected  in  a  former 
stage.  So  in  reports  of  committees,  e.g.,  report  of  an 
address,  the  same  question  is  before  the  House,  and 
open  for  free  discussion.  Towns.,  col.  26;  2  Hats., 

[249] 


'S   MANUAL 
$516. 

98,  100,  101.  So  orders  of  the  House  or  instructions 
to  committees  may  be  discharged.  So  a  bill,  begun 
in  one  House  and  sent  to  the  other  and  there  re- 
jected, may  be  renewed  again  in  that  other,  passed, 
and  sent  back.  Ib.,  92;  3  Hats.,  161.  Or  if,  instead 
of  being  rejected,  they  read  it  once  and  lay  it  aside 
or  amend  it  and  put  it  off  a  month,  they  may  order 
in  another  to  the  same  effect,  with  the  same  or  a 
different  title.  Hakew.,  97,  98. 

In  the  House  of  Representatives,  with  its  rule  for  reconsideration, 
there  is  rarely,  if  ever,  an  attempt  to  bring  forward  a  bill  once  rejected 
at  the  same  session.  An  instance  occurred  in  1856,  however  (IV,  3384) , 
and  on  March  9,  1910,  page  2966,  the  House  declined  to  consider  a  bill 
brought  forward  after  a  rejection. 

Divers  expedients  are  used  to  correct  the  effects 
§6i6.  Expedients  of  this  rule,  as,  by  passing  an  explana- 
^SLonce  toiy  act,  if  anything  has  been  omitted 
*******  or  ill  expressed,  8  Hats.,  278,  or  an  act 

to  enforce  and  make  more  effectual  an  act,  &c.,  or  to 
rectify  mistakes  in  an  act,  &c.,  or  a  flommitf.ee  on  one 
bill  may  be  instructed  to  receive  a  clause  to  rectify 
the  mistakes  of  another.  Thus,  June  24,  1685,  a 
clause  was  inserted  in  a  bill  for  rectifying  a  mistake 
committed  by  a  clerk  in  engrossing  a  bill  of  supply. 
£  Hats.,  194,  6.  Or  the  session  may  be  closed  for 
one,  two,  three,  or  more  days  and  a  new  one  com- 
menced. But  then  all  matters  depending  must  be 
finished,  or  they  fall,  and  are  to  begin  de  novo. 
2  Hats.,  94,  98.  Or  a  part  of  the  subject  may  be 


[260] 


JEFFERSON'S  MAKUAI* 

taken  up  by  another  bill  or  taken  up  in  a  different 
way.     6  Grey,  304,  316. 

And  in  cases  of  the  last  magnitude  this  rule  has  not 
been  so  strictly  and  verbally  observed 

|517.  Exceptions  .    ^  * 

to  the  roie  against      as  to  stop  indispensable  proceedings 


altogether.     2    Hats.,    92,    98.    Thus 
rejected.  when  the  address  on  the  preliminaries 

of  peace  in  1782  had  been  lost  by  a  majority  of  one, 
on  account  of  the  importance  of  the  question  and 
smallness  of  the  majority,  the  same  question  in  sub- 
stance, though  with  some  words  not  in  the  first,  and 
which  might  change  the  opinion  of  some  Members, 
was  brought  on  again  and  carried,  as  the  motives  for 
it  were  thought  to  outweigh  the  objection  of  form. 
8  Hats.,  99,  100. 
A  second  bill  may  be  passed  to  continue  an  act  of 

the  same  session  or  to  enlarge  the  time 


ofsupiementary       limited  for  its  execution.    2  Hats.,  95, 
98.     This  is  not  in  contradiction  to  the 
first  act. 

The  House  of  Representatives  has  by  a  joint  resolution  corrected  an 
error  in  a  bill  that  had  gone  to  the  President  (IV,  3519). 

SEC.    XLIV. BILLS   SENT  TO   THE   OTHER  HOUSE. 

A  bill  from  the  other  House  is  some- 

§  519.  Laying  on  _  .  , 

the  table  bills  from     times  ordered  to  lie  on  trie  table.     % 

the  other  House.  TT     ,          n/v 

Hats.,  97. 

This  principle  is  recognized  in  the  practice  of  the  House  of  Represent- 
atives, both  as  to  Senate  bills  (IV,  3418,  3419;  V,  5437),  and  asto  House 
bills  returned  with  Senate  amendments  (V,  5424,  6201-6203),  but  the 

[251] 


JEFFEBSON'S  MANUAL 

§§520,521. 

motion  does  not  take  precedence  over  the  motion  to  recede  and  concur, 
(Speaker  Longworth,  Jan.  24,  1927,  p.  2165.) 

When  bills  passed  in  one  House  and  sent  to  the 
§520.  Requests  other  are  ground  on  special  facts  re- 
tatib^T  quiring  proof,  it  is  usual,  either  by 
House.  message  or  at  a  conference,  to  ask  the 

grounds  and  evidence,  and  this  evidence,  whether 
arising  out  of  papers  or  from  the  examination  of 
witnesses,  is  immediately  communicated.  S  Hats.,  48. 

The  Houses  of  Congress  transmit  with  bills  accompanying  papers, 
which  are  returned  when  the  bills  pass  or  at  final  adjournment  (V, 
7259,  footnote).  Sometimes  one  House  has  asked,  by  resolution,  for 
papers  from  the  files  of  the  other  (V,  7263,  7264).  Testimony  is  also 
requested  (III,  1855). 

SEC.  XLV. — AMENDMENTS  BETWEEN  THE  HOUSES. 

When  either  House,  e.  g.,  the  House  of  Commons, 
§521.  Pariiamen-  sen(^  a  k^  to  the  other,  the  other  may 
tary  principles  as  pass  it  with  amendments.  The  regu- 

to  disagreeing,  5  .  .  .  ° 

insisting,  and  Jar  progression  in  this  case  is,  that  the 
adhering.  Commons  disagree  to  the  amendment; 

the  Lords  insist  on  it;  the  Commons  insist  on  their 
disagreement;  the  Lords  adhere  to  their  amendment; 
the  Commons  adhere  to  their  disagreement.  The  term 
of  insisting  may  be  repeated  as  often  as  they  choose 
to  keep  the  question  open.  But  the  first  adherence 
by  either  renders  it  necessary  for  the  other  to  recede 
or  adhere  also;  when  the  matter  is  usually  suffered  to 
fall.  10  Grey,  148.  Latterly,  however,  there  are  in- 


[262] 


JEFFERSON'S 

(522. 

stances  of  their  having  gone  to  a  second  adherence. 
There  must  be  an  absolute  conclusion  of  the  subject 
somewhere,  or  otherwise  transactions  between  the 
Houses  would  become  endless.  3  Hats.,  268,  270. 
The  term  of  insisting,  we  are  told  by  Sir  John  Trevor, 
was  then  (1679)  newly  introduced  into  parliamentary- 
usage  by  the  Lords.  7  Grey,  94-  It  was  certainly  a 
happy  innovation,  as  it  multiplies  the  opportunities 
of  trying  modifications  which  may  bring  the  Houses  to 
a  concurrence.  Either  House,  however,  is  free  to 
pass  over  the  term  of  insisting,  and  to  adhere  in  the 
first  instance;  10  Grey,  146;  but  it  is  not  respectful 
to  the  other.  In  the  ordinary  parliamentary  course 
there  are  two  free  conferences,  at  least,  before  an 
adherence.  10  Grey,  147. 

The  House  of  Representatives  and  the  Senate  follow  the  principles 
set  forth  in  this  paragraph  of  the  parliamentary  law,  and  sometimes 
dispose  of  differences  without  resorting  to  conferences  (V,  6165). 

Where  both  Houses  insist  and  neither  ask  a  conference  or  recede  the 
§  522  insisting  bil1  fails  (^'  6228) .  Also  when  both  Houses  adhere 

and  adhering  in  the  bill  fails  (V,  6163,  6313,  6324,  6325)  even  though 

the  practice  of  the  the  difference  may  be  over  a  very  slight  amendment 
House-  (V,  6233-6240) .  In  rare  instances  in  Congress  there 

has  been  immediate  adherence  on  the  first  disagreement  (V,  6303)  j  but 
this  does  not  preclude  the  granting  of  the  request  of  the  other  House 
for  a  conference  (V,  6241-6244).  Sometimes  the  House  recedes  from 
its  disagreement  as  to  certain  amendments  and  adheres  as  to  others 
(V,  6229) .  One  House  having  adhered,  may  at  the  next  stage  vote  to 
further  adhere  (V,  6251).  Sometimes  also  the  House  recedes  from 
adherence  (V,  6252,  6401)  or  reconsiders  its  action  of  adherence 
(V,  6253) ;  after  which  it  has  agreed  to  the  amendment  with  or  without 
amendment  (V,  6253,  6401). 


[253] 


JEFFERSON'S 

§§323-525. 

Either  House  may  recede  from  its  amendment  and 
agree  to  the  bill;  or  recede  from  their 
t^iaw11^611"      disagreement  to  the  amendment,  and 
recedin2"  agree  to  the  same  absolutely,  or  with 

an  amendment;  for  here  the  disagreement  and  reced- 
ing destroy  one  another,  and  the  subject  stands  as 
before  the  disagreement.  Elysnge,  23, 27;  9  Grey,  476. 

In  tlie  practice  of  the  two  Houses  of  Congress  the  motion  is  to  recede 
from  the  amendment  without  at  the  same  time  agree- 

^Ho^^Ttof  **£  to  the  bin>  f°T  the  bil1  has  already  been  Passed 
reading  from  its  with  the  amendment,  and  receding  from  the  amend- 
oira  amendment  ment  leaves  the  bill  passed  (V,  6312).  But  by 
to  a  bin  of  the  receding  from  an  amendment  with  which  it  agreed 

t>tfaer  House.  ^  ^  Senate  amendment,  the  House  does  not  thereby 

agree  to  the  Senate  amendment  (VIII,  3199).  One  House  has  receded 
from  its  own  amendment  after  the  other  House  had  returned  it  con- 
curred in  with  an  amendment  (V,  6226).  But  this  has  been  held  not 
sufficient  to  pass  the  bill  without  further  action  by  House  which  had 
concurred  with  an  amendment  (VIII,  3177), 

Where  one  House  has  receded  from  an  amendment,  it  may  not  sat  & 
subsequent  stage  recall  its  action  in  order  to  form  a  new  basis  for  a 
-conference  (V,  6251).  Sometimes  one  House  has  receded  from  its 
amendment  although  it  had  previously  insisted  and  asked  a  conference 
which  had  been  agreed  to  (V,  6319).  After  the  Senate  has  amended  a 
House  amendment  it  is  not  proper  for  the  House  to  recede  from  its 
amendment  directly,  but  the  Senate  may  recede  from  its  amendment 
and  then  the  House  recede  from  its  amendment  (Speaker  Reed,  June 
12,  1890,  p.  5981). 

By  receding  from  its  disagreement  to  an  amendment  of  the  Senate  the 
$  525  Practice  of  House  -does  not  thereby  agree  to  it  (V,  6215) ;  but  the 
the  House  as  to  Senate  amendment  is  then  open  to  amendment  pre- 

rece<Eng  from  cisely  as  before  the  original  disagreement  (V,  6212- 

disagreement  to  $214).  Tlie  staga  of  disagreement  having  been 
olfcerHo'use?  reached,  the  motion  to  recede  and  concur  -takes  pre- 

cedence of  the  motion  to  recede  and  concur  with  an 
amendment  (V,  6219-6223;  VIII,  3198,  3200,  3202);  but  a  motion  to 
recede  and  concur  is  divisible  (VIII,  3199)  and  being  divided  and  the 

[254] 


S  MANUAL 

§526. 

House  having  receded,  a  motion  to  amend  has  precedence  of  the 
motion  to  concur  (V,  6209-6211;  VIII,  3198),  even  after  the  previous 
question  is  ordered  on  both  motions  if  pending  (Feb.  12,  1923,  p.  3512). 
The  motion  to  recede  and  concur  in  a  Senate  amendment  with  an 
amendment  takes  precedence  of  a  motion  to  insist  further  on  the 
House's  disagreement  to  the  Senate  amendment  (V,  6224;  VIII,  3204), 
and  a  motion  to  lay  certain  amendments  on  the  table  (Speaker  Long- 
worth,  Jan.  24,  1927,  p.  2165).  It  has  been  held  that  after  the  previous 
question  has  been  moved  on  a  motion  to  adhere,  a  motion  to  recede 
may  not  be  made  (V,  6310);  and  after  the  previous  question  is  de- 
manded or  ordered  on  a  motion  to  concur,  a  motion  to  amend  is  not 
in  order  (V,  5488)  ;  but  where  the  previous  question  has  been  demand- 
ed on  a  motion  to  insist,  a  motion  to  recede  and  concur  has  been 
admitted  (V,  6208,  6321a). 

But  the  House  can  not  recede  from  or  insist  on  its 
own  amendment,  with  an  amendment; 

§  526.  One  House  '  ' 

not  to  recede  from  f  or  the  same  reason  that  it  can  not  send 
to  the  other  House  an  amendment  to 
*ts  owri  act  after  i1}  ka8  Passed  tlie  act- 


fixedby  They  may  modify  an  amendment  from 

adherence* 

the  other  House  by  ingrafting  an 
amendment  on  it,  because  they  have  never  assented 
to  it;  but  they  can  not  amend  their  own  amendment, 
because  they  have,  on  the  question,  passed  it  in  that 
form.  9  Grey,  363;  10  Grey,  240.  In  Senate,  March 
29,  1798.  Nor  where  one  House  has  adhered  to  their 
amendment,  and  the  other  agrees  with  an  amend- 
ment, can  the  first  House  depart  from  the  form  which 
they  have  fixed  by  an  adherence. 

In  the  case  of  a  money  bill,  the  Lords7  proposed 
amendments  become,  by  delay,  confessedly  necessary. 
The  Commons,  however,  refused  them,  as  infringing 
on  their  privilege  as  to  money  bills;  but  they  offered 

[255] 


JEFFERSON'S  MANUAL 

$527. 

themselves  to  add  to  the  bill  a  proviso  to  the  same 
effect,  which  had  no  coherence  with  the  Lords' 
amendments;  and  urged  that  it  was  an  expedient 
warranted  by  precedent,  and  not  unparliamentary 
in  a  case  become  impracticable,  and  irremediable  in 
any  other  way.  S  Hats.,  256,  266.  270,  271.  But 
the  Lords  refused,  and  the  bill  was  lost.  1  Chand., 
Alikecase,lCAand.,-5il.  *  *  * 


In  the  House  of  Representatives  it  is  a  recognized  principle  that  the 
House  may  not  recede  from  its  own  amendments  with  an  amendment 
(V,  6216-6218).  The  House  may  not  amend  its  own  amendment  to  a 
Senate  amendment  to  a  House  bill  (Mar.  16,  1934,  p.  4685). 

*    *    *    So  the  Commons  resolved  that  it  is  un- 
parliamentary to  strike  out.  at  a  con- 

§527.  Textto  J  /i.  •  i   -n         i   •    i      i       ,1 

which  both  ference,  anything  in  a  bill  which  hath 

to  be       been  agreed  and  passed  by  both  Houses. 
6  Grey,  274;  1  Chand.,  312. 

The  practice  of  the  two  Houses  has  confirmed  this  principle  of  the 
parliamentary  law  and  established  the  rule  that  managers  of  a  con- 
ference may  not  change  the  text  to  which  both  Houses  have  agreed 
(V,  6417,  6418,  6420;  VIII,  3257),  and  either  House  alone  may  not,  by 
instructions,  empower  the  managers  to  make  such  change  (V,  6388). 
In  the  earlier  practice,  when  it  was  necessary  to  change  the  text  already 
agreed  to,  the  managers  appended  a  supplementary  paragraph  to 
their  report,  and  this  was  agreed  to  by  unanimous  consent  in  the  two 
Houses  (V,  6433-6436);  but  in  the  later  practice  it  has  been  found  a 
more  effective  method  for  the  two  Houses  to  agree  to  a  concurrent 
resolution  giving  to  the  managers  the  necessary  powers  (V,  6437-6440). 
In  the  House  such  a  resolution  would  be  presented  by  unanimous 
consent,  under  suspension  of  the  rules,  or  on  report  from  the  Com- 
mittee on  Rules. 

The  further  principle  has  been  established  in  practice  of  the  House 
of  Representatives  that  it  may  not,  even  by  unanimous  consent  (V, 
6179),  change  in  the  slightest  particular  (V,  6181)  the  text  to  which 

[256] 


JEFFERSON'S  MANUAL 

§§  528,  529. 

both  Houses  have  agreed  (V,  6180;  VIII,  3257).  And  this  prohibition 
extends,  also,  to  a  case  wherein  it  is  proposed  to  add  a  new  section  at 
the  end  of  a  bill  which  has  passed  both  Houses  (V,  6182). 

§528.  Precedence          A  motion  to  amend  an  amendment 

overmo«onrend  from  the  other  H°use  takes  precedence 
agree  or  disagree.  of  a  motion  to  agree  or  disagree. 

This  is  the  rule  of  the  two  Houses  of  Congress  (V,  6164,  6169-6171; 
VIII,  3202). 

A  bill  originating  in  one  House  is  passed  by  the 
§529.  Degree  of        other  with  an  amendment. 

The  originating  House  agrees  to  their 
amendment  with  an  amendment.  The 
other  may  agree  to  their  amendment  with  an  amend- 
ment, that  being  only  in  the  2d  and  not  the  3d 
degree;  for,  as  to  the  amending  House,  the  first 
amendment  with  which  they  passed  the  bill  is  a  part 
of  its  text.  It  is  the  only  text  they  have  agreed  to. 
The  amendment  to  that  text  by  the  originating 
House  therefore  is  only  in  the  1st  degree,  and  the 
amendment  to  that  again  by  the  amending  House  is 
only  in  the  2d,  to  wit,  an  amendment  to  an  amend- 
ment, and  so  admissible.  Just  so,  when,  on  a  bill 
from  the  originating  House,  the  other,  at  its  second 
reading,  makes  an  amendment;  on  the  third  reading 
this  amendment  is  become  the  text  of  the  bill,  and 
if  an  amendment  to  it  be  moved  an  amendment  to 
that  amendment  may  also  be  moved,  as  being  only 
in  the  2d  degree. 

This  principle  is  followed  in  the  practice  of  the  House  of  Repre- 
sentatives (V,  6176,  6177,  6178). 

[257] 


JEFFERSON'S 

{§530-632. 

SBC.   XLVI. — CONFERENCES. 

It  is  on  the  occasion  of  amendments  between  the 
Houses   that   conferences    are   usually 
asked;  but  they  may  be  asked  in  all 
ii«  conferences.        GS^^  o^  (jjfference  of  opinion  between 

the  two  Houses  on  matters  depending  between  them. 
The  request  of  a  conference,  however,  must  always 
be  by  the  House  which  is  possessed  of  the  papers. 
S  Hats.,  81;  1  Grey,  425. 

The  House  of  Representatives  follows  the  principles  set  forth  in  this 
paragraph  of  the  parliamentary  law.  A  conference  may  be  asked  on 
only  a  portion  of  the  amendments  in  disagreement,  leaving  the  differ- 
ences as  to  the  remainder  to  be  settled  by  the  action  of  the  two  Houses 
themselves  (V,  6401).  In  very  rare  instances  conferences  have  been 
asked  by  one  House  after  the  other  has  absolutely  rejected  a  main 
proposition  (IV,  3442;  V,  6258).  A  difference  over  an  amendment  to  a 
proposed  constitutional  amendment  may  be  committed  to  a  con- 
ference (V,  7037). 

While  conferences  between  the  two  Houses  of  Congress  are  usually 
§531  Confer  ^d  over  Differences  as  *°  amendments  to  bills, 

ences  over  matters  occasionally  differences  arise  as  to  the  respective 
other  than  differ  prerogatives  of  the  Houses  (II,  1485-1495)  or  as  to 
ences  as  to  matters  of  procedure  (V,  6401),  as  in  impeachment 

amendments.  proceeedings  (III,  2304),  which  are  referred  to  con- 

ference. And  in  early  and  exceptional  instances  conferences  have  been 
asked  as  to  legislative  matters  when  no  propositions  relating  thereto 
were  pending  (V,  6255-6257). 

In  very  rare  cases,  also,  the  Houses  interchange  views  and  come  to 
5  532.  Confer-  conclusions  by  means  of  select  committees  appointed 

ences  by  means  on  the  part  of  each  House  (I,  3).  Thus,  in  1821,  a 

of  select  com-  joint  committee  was  chosen  to  consider  and  report 

mittc*s"  to  the  two  Houses  whether  or  not  it  was  expedient  to 

consider  and  report  whether  or  not  Missouri  should  be  admitted  to  the 
Union  (IV,  4471),  and  in  1877  similar  committees  were  appointed  to 
devise  a  method  for  counting  the  electoral  vote  (III,  1953). 


[258] 


S  MANUAL 

§§533-536. 

The  parliamentary  law  provides  that  the  request  for  a  conference 
must  always  be  by  the  House  which  is  possessed  of 

the  PaPers  (V>  6254)  •  Jt  was  f ormerly  the  more  reg- 
ular  practice  for  the  House  disagreeing  to  amend- 
ments of  the  other  to  leave  the  asking  of  a  conference  to  that  other 
House  if  it  should  decide  to  insist  (V,  6278-6285,  6324) ;  but  it  is  so 
usual  in  the  later  practice  for  the  House  disagreeing  to  an  amendment 
of  the  other  to  ask  a  conference  that  an  omission  to  do  so  has  even  raised 
a  question  (V,  6273).  Yet  it  can  not  be  said  that  the  practice  requires 
a  request  for  a  conference  to  be  made  by  the  House  disagreeing  to  the 
amendments  of  the  other  (V,  6274-6277).  One  House  having  asked  a 
conference  at  one  session,  the  other  House  may  agree  to  the  conference 
at  the  next  session  of  the  same  Congress  (V,  6286). 

In  rare  instances  one  House  has  declined  the  request  of  the  other  for  a 
§534.  Requests  conference  (V,  6313-6315;  March  20,  1951,  p.  2683), 

for  conferences  sometimes  accompanying  it  by  adherence  (V,  6313, 

declined  or  6315).    In  one  instance,  where  the  Senate  declined  a 

neglected.  conference,  it  transmitted,  by  message,  its  reasons 

for  so  doing  (V,  6313).  Sometimes,  also,  one  House  disregards  the 
request  of  the  other  for  a  conference  and  recedes  from  its  disagreement, 
thereby  rendering  a  conference  unnecessary  (V,  6316-6318).  And  in 
one  case,  where  one  House  had  asked  a  conference  to  which  the  other 
had  assented,  the  asking  House  receded  before  the  conference  took 
place  (V,  6319).  Also,  a  bill  returned  to  the  House  with  a  request  for 
a  conference  has  been  postponed  indefinitely  (V,  6199) . 

The  motion  to  ask  a  conference  is  distinct  from  motions  to  agree  or 
disagree  to  amendments  of  the  other  House  (V,  6268) 

and  1S  nOt  in  °rder  ^^^  th6  H°USe  haS  ^P08^  of 

^ne  preferential  motions  to  agree,  recede,  or  insist 
(V,  6269,  6270).  Where  a  conference  results  in  dis- 
agreement, a  motion  for  a  new  conference  is  privileged  (V,  6586). 
Where  a  motion  to  request  a  conference  is  rejected,  it  may  not  be 
repeated  at  the  same  stage,  even  though  a  recess  of  Congress  may  have 
intervened  (V,  6325).  Sometimes  disagreements  are  voted  on  by  the 
House  and  conferences  asked  through  the  medium  of  special  orders 
(IV,  3242-3249). 

While  usual,  it  is  not  essential  that  one  House,  in  asking  a  conference, 

transmit  the  names  of  its  managers  at  the  same  time 

§536.  Managers  ^  64Q5)>     The  managers,  properly  so  called  (V, 

of  conferences.  $335)^  constitute  practically  two  distinct  committees, 

each  of  which  acts  by  a  majority  (V,  6334).     They  are  usually  three  in 

[259] 


JEFFERSON'S 

§§537,538. 

number  from  each  House  (V,  6336) ;  but  in  the  absence  of  joint  rules 
each  House  may  appoint  whatever  numbers  it  sees  fit  (V,  6328-6330, 
6405),  the  Speaker  in  the  House  frequently  fixing  the  number  (V,  6336). 
Instances  have  occurred  where  one  House  has  appointed  three  managers 
and  the  other  a  greater  number  (V,  6331-6333;  VIII,  3221).  The 
Senate  having  appointed  nine  managers  and  the  House  only  three,  a 
motion  to  instruct  the  Speaker  to  appoint  a  greater  number  of  managers 
on  part  of  the  House  was  held  out  of  order  (VIII,  2193).  The  Speaker 
appoints  the  managers  in  the  House  (Rule  X,  §  671),  selecting  them 
so  as  to  represent  the  attitude  of  the  majority  and  minority  of  the 
House  on  the  disagreements  in  issue  (V,  6336-6338;  VIII,  3223);  and 
while  it  is  usual  to  represent  the  party  divisions  of  the  House  the 
representation  of  opinions  as  to  the  pending  differences  is  rather  the 
more  important  consideration  (V,  6339,  6340).  In  appointing  man- 
agers the  Speaker  usually  consults  the  Member  in  charge  of  the  bill 
(V,  6327),  and  selects  the  managers  from  the  committee  which  reported 
the  bill  (V,  6336) ;  but  where  the  committee  which  has  charge  holds  to 
an  attitude  to  which  the  House  disagrees  the  managers  have  been 
appointed  to  reflect  the  views  of  the  House  (V,  6369).  While  the 
major  part  of  the  managers  represent  the  majority  view  of  the  House, 
while  a  minority  manager  represents  the  minority,  in  one  instance, 
when  the  prerogatives  of  the  House  were  involved,  all  the  managers 
were  selected  to  represent  the  majority  opinion  (V,  6338) .  A  motion 
to  instruct  the  Speaker  in  appointing  conferees  is  not  in  order  (VIII, 
2193,  3221). 

Where  there  were  several  conferences  on  a  bill,  it  was  the  early  prac- 
§  537.  Reappoint-  tice  to  change  the  managers  at  each  conference  (V, 
ment  of,  at  second  6288-6291,  6324) ,  and  so  fixed  was  this  practice  that 
and  subsequent  their  reappointment  had  a  special  significance,  indi- 

conferences.  eating  an  unyielding  temper  (V,  6352-6368) ;  but  in 

the  later  practice  it  is  the  rule  to  reappoint  managers  (V,  6341-6344) 
unless  a  change  be  necessary  to  enable  the  sentiment  of  the  House  to 
be  represented  (V,  6369) . 

Managers  of  a  conference  are  excused  from  service  only  by  authority 

vacanci  °f  the  House  (V>  6373-6376;  VIII,  3224,  3227);  but 

etc./fn  managers          *^6  a^sence  °^  a  manager  causes  a  vacancy  which 

of  inferences.  the  Speaker  fills  by  appointment   (V,   6372;  VIII, 

3228).     Where  one  House  makes  a  change  in  its 

managers,  it  informs  the  other  House,  by  message  (V,  6377,  6378). 

According  to  the  later  practice  the  powers  of  managers  who  have  not 


[260] 


JEFFERSON'S 

§§  539,  540. 

reported  do  not  expire  by  reason  of  the  termination  of  a  session  of 
Congress,  unless  it  be  the  last  session  (V,  6260-6262) . 

Conferences  may  be  either  simple  or  free.  At  a 
§539.  pariiamen.  conference  simply  written  reasons  are 
£nd  w  prepared  by  the  House  asking  it,  and 
conferences.  they  are  read  and  delivered,  without 

debate,  to  the  managers  of  the  other  House  at  the 
conference,  but  are  not  then  to  be  answered.  4  Grey, 
144-  The  other  House  then,  if  satisfied,  vote  the 
reasons  satisfactory,  or  say  nothing;  if  not  satisfied 
they  resolve  them  not  satisfactory  and  ask  a  con- 
ference on  the  subject  of  the  last  conference,  where 
they  read  and  deliver,  in  like  manner,  written  answers 
to  those  reasons.  8  Grey,  188.  They  are  meant 
chiefly  to  record  the  justification  of  each  House  to 
the  nation  at  large  and  to  posterity  and  in  proof  that 
the  miscarriage  of  a  necessary  measure  is  not  im- 
putable  to  them.  3  Grey,  255.  At  free  conferences 
the  managers  discuss,  viva  voce  and  freely,  and  inter- 
change propositions  for  such  modifications  as  may  be 
made  in  a  parliamentary  way,  and  may  bring  the 
sense  of  the  two  Houses  together.  *  *  * 

This  provision  of  the  parliamentary  law  bears  little  relation  to  the 
modern  practice  of  the  two  Houses  of  Congress,  and 
§540.  Free  and  that  practice  has  evolved  a  new  definition:  "A  free 

e^^mo^ern  conference  is  that  which  leaves  the  committee  of  con- 

practice,  f erence  entirely  free  to  pass  upon  any  subject  where 

the'two  branches  have  disagreed  in  their  votes,  not, 
however,  including  any  action  upon  any  subject  where  there  has  been 
a  concurrent  vote  of  both  branches.  A  simple  conference — perhaps  it 
should  more  properly  be  termed  a  strict  or  a  specific  conference,  though 
the  parliamentary  term  is  'simple' — is  that  which  confines  the  com- 

62581°—  H.  Doc.  459,  fift-2 18        [261] 


JEFFERSON'S.  MANUAL 
§541. 

mittee  of  conference  to  the  specific  instructions  of  the  body  appointing 
it"  (V,  6403).  And  where  the  House  had  asked  a  free  conference  it 
was  held  not  in  order  to  instruct  the  managers  (V,  6384) .  But  it  is  very 
rare  for  the  House  in  asking  a  conference  to  specify  whether  it  shall  be 
free  or  simple. 

In  their  practice  as  to  the  instruction  of  managers  of  a  conference  the 

House  of  Representatives  and  the  Senate  do  not 
§  541.  instruction  agree.  Only  in  rare  instances  has  the  Senate  in- 
^^T°fa  structed  (V,  6398),  and  these  instances  are  at 

variance  with  its  declaration,  made  after  full  con- 
sideration, that  managers  may  not  be  instructed  (V,  6397).  And 
where  the  House  has  instructed  its  managers,  the  Senate  has  declined 
to  participate  and  asked  a  free  conference  (V,  6402-6404),  In  the 
later  practice  the  House  does  not  inform  the  Senate  when  it  instructs 
its  managers  (V,  6399),  the  Senate  having  objected  to  the  transmittal 
of  instructions  by  message  (V,  6400,  6401).  In  one  instance  wherein 
the  Senate  learned  indirectly  that  the  House  had  instructed  its  man- 
agers it  declared  that  the  conference  should  be  full  and  free,  and  in- 
structed its  own  managers  to  withdraw  if  they  should  find  the  freedom 
of  the  conference  impaired  (V,  6406) .  But  the  House  of  Representa- 
tives holds  to  the  opinion  that  the  House  may  instruct  its  managers 
(V,  6379—6382) ,  although  the  propriety  of  doing  so  at  a  first  conference 
is  open  to  serious  doubt  (V,  6388^  footnote).  And  in  rare  instances 
where  a  free  conference  is  asked  instruction  is  not  in  order  (V,  6384) „ 
At  a  new  conference  the  instructions  of  a  former  conference  are  not  in 
force  (V,  6383;  VIII,  3240).  And  instructions  may  not  direct  the 
managers  to  do  that  which  they  might  not  otherwise  do  (V,  6386, 
6387;  VIII,  3235,  3244),  as  to  effect  a  change  in  part  of  a  bill  not  in 
disagreement  (V,  6391-6394),  or  change  the  text  to  which  both  Houses 
have  agreed  (V,  6388).  Although  managers  may  disregard  instruc- 
tions, their  report  may  not  for  that  reason  be  ruled  out  of  order  (V, 
6395;  VIII,  3246),  and  when  a  conference  report  is  recommitted  with 
instructions  the  managers  are  not  confined  to  the  instructions  alone 
(VIII,  3247).  The  motion  to  instruct  managers  should  be  offered 
after  the  vote  to  ask  for  or  agree  to  a  conference  and  before  the  man- 
agers are  appointed  (V,  6379-6382;  VIII,  3233,  3240,  3256).  The 
motion  to  instruct  may  be  amended  unless  the  previous  question  be 
ordered  (V,  6525;  VIII,  3231,  3240),  and  may  be  laid  on  the  table 
without  carrying  the  bill  to  the  table  (VIII,  2658).  The  motion  is 
debatable  unless  the  previous  question  is  ordered  (VIII,  2675,  3240). 


[262] 


§§542-644. 

Only  one  motion  to  instruct  is  in  order  (VIII,  3236).  The  ruling  out 
of  a  motion  to  instruct  conferees  does  not  preclude  the  offering  of  a 
proper  motion  to  instruct  (VIII,  3235),  but  one  motion  to  instruct 
having  been  considered  and  disposed  of,  further  motions  to  instruct 
are  not  in  order  (VIII,  3236) .  Such  additional  instructions  should  have 
been  offered  as  amendments  to  the  original  motion  to  instruct. 

*  *  *  And  each  party  reports  in  writing  to 
§  542.  Pariiamen-  their  respective  Houses  the  substance 
reports  of  of  what  is  said  on  both  sides,  and  it  is 

XSe.fa  entered  in  their  journals.  9  Grey,  220; 
8  Hats.,  280.  This  report  can  not  be  amended  or 
altered,  as  that  of  a  committee  may  be.  Journal 
Senate,  May  24,  1796. 

In  the  two  Houses  of  Congress  conference  reports  were  originally 
merely  suggestions  for  action  and  were  neither 
§  543.  Forms  of  identical  in  the  two  Houses  nor  acted  on  as  a  whole 

r^wrtT"*  <v>  646&-6471).  In  the  House  of  Representatives, 

Rule  XXVIII,  provides  that  conference  reports 
may  be  received  at  any  time,  except  when  the  Journal  is  being  read, 
while  the  roll  is  being  called  or  the  House  is  dividing.  The  early  reports 
were  not  signed  by  the  managers  (IV,  3905) ;  but  in  the  later  practice 
the  signatures  of  the  majority  of  the  managers  of  each  House  is  required 
(V,  6497-6502;  VIII,  3295).  Sometimes  a  manager  indorses  the  report 
with  a  conditional  approval  or  dissent  (V,  6489-6496,  6538),  but  supple- 
mental reports  or  minority  views  may  not  be  filed  in  connection  with 
conference  reports  (VIII,  3302) .  The  name  of  an  absent  manager  may 
not  be  affixed,  but  the  two  Houses  by  concurrent  action  may  authorize 
him  to  sign  the  report  after  it  has  been  acted  on  (V,  6488) .  The  minor- 
ity portion  of  the  managers  of  a  conference  have  no  authority  to  make 
either  a  written  or  verbal  report  concerning  the  conference  (V,  6406) . 
In  the  later  practice  reports  of  managers  are  identical,  and  made  in 
duplicate  for  the  two  Houses,  the  House  managers  signing  first  the 
report  for  their  House  and  the  Senate  managers  signing  the  other  report 
first  (V,  6323,  6426,  6499,  6500,  6504).  Under  certain  circumstances 
managers  may  report  an  entirely  new  bill  on  a  subject  in  disagreement,  but 
this  bin  is  acted  on  as  part  of  the  report  (V,  6465-6467;  see  also  §  913). 

Managers  may  report  an  agreement  as  to  a  portion  of  the  amend- 
§  544.  Partial  con-  ments  in  disagreement,  leaving  the  remainder  to  be 
ference  reports.  disposed  of  by  subsequent  action  (V,  6460-6464). 

[263] 


JEFFERSON'S 

§§545-547. 

Where  managers  of  a  conference  are  unable  to  agree,  or  where  a 
report  is  disagreed  to  in  either  House,  another  con- 
§546.  Reports  of  ference  is  usually  asked  (V,  6288-6291).  When 
inability  to  agree.  managers  report  that  they  have  been  unable  to 
agree,  the  report  is  not  acted  on  by  the  House  of  Representatives  (V, 
6562;  VIII,  3329,  Aug.  23,  1957,  p.  15816),  and  need  not  be  printed  in 
the  Record  before  the  amendments  in  disagreement  are  again  taken 
up  in  the  House  (VIII,  3299,  3332) .  In  the  earlier  practice  reports  of 
inability  to  agree  were  made  verbally  or  by  unsigned  written  reports 
(V,  6563-6567);  but  in  later  practice  they  are  written,  in  identical 
form,  and  signed  by  the  managers  of  the  two  Houses  (V,  6568,  6569). 
The  managers  of  a  conference  must  confine  themselves  to  the  differ- 
§  546.  Managers  ences  committed  to  them  (V,  6417,  6418;  VIII,  3252, 
restricted  to  the  3255,  3282),  and  may  not  include  subjects  not  within 

disagreements  of  the  disagreements  (V,  6407,  6408;  VIII,  3253-3255, 
the  two  Houses.  3250,  3282,  3284),  even  though  germane  to  a  ques- 
tion in  issue  (V,  6419;  VIII,  3256).  But  they  may  perfect  amendments 
committed  to  them  if  they  do  not  in  so  doing  go  beyond  the  differences 
(V,  6409-6413).  Thus,  where  an  amendment  providing  an  appropria- 
tion to  construct  a  road  had  been  disagreed  to,  it  was  held  in  order  to 
report  a  provision  to  provide  for  a  survey  for  the  road  (V,  6425). 
Managers  may  not  change  the  text  to  which  both  Houses  have  agreed 
(V,  6417,  6418,  6420,  6433-6436).  But  where  the  amendment  in  issue 
strikes  out  all  of  the  bill  after  the  enacting  clause  and  substitutes  a 
new  text,  the  managers  have  the  whole  subject  before  them  and  may 
exercise  a  broad  discretion  as  to  details  (V,  6424;  VIII,  3266) ,  and  may 
even  report  an  entirely  new  bill  on  the  subject  (V,  6421,  6423;  VIII, 
3248,  3263,  3265,  3276;  see  also  §  913).  Where  the  amendment  in 
disagreement  proposes  a  substitute  differing  greatly  from  the  House 
provision  they  may  eliminate  the  entire  subject  matter  (Speaker 
Gillett,  Sept.  14,  1922,  p.  12598). 

In  the  House  of  Representatives  the  Speaker  may  rule  out  a  confer- 
§547.  Remedy  ence  report  if  it  be  shown  that  the  managers  have 

where  managers  exceeded  their  authority  (V,  6409-6416;  VIII,  3256). 
exceed  their  in  the  House  points  of  order  against  reports  are 

an   onty.  made  or  reserved  after  the  report  is  read  and  before 

the  reading  of  the  statement  (V,.6424,  6441;  VIII,  3282,  3284,  3285, 
3287),  or  consideration  begins  (V,  6903-6905;  VIII,  3286),  or  the 
report  has  been  agreed  to  (V,  6442)  and  in  case  the  statement  is  read 
in  lieu  of  the  report  the  point  of  order  must  be  made  or  reserved  before 
the  statement  is  read  (VIII,  3256,  3265,  3285,  3288,  3289). 

[264] 


JEFFERSON'S  MANUAL 

§§548-550. 

In  the  Senate  under  the  former  practice  the  Chair  did  not  rule  out 
conference  reports,  but  the  Senate  itself  expressed  its  opinion  on  the 
vote  to  agree  to  the  report  (V,  6426-6432)  but  on  March  8,  1918,  the 
Senate  adopted  a  rule  providing  for  a  point  of  order  against  conferees 
inserting  matter  not  committed  to  them  or  changing  the  text  agreed 
to  by  both  Houses  and  also  providing  for  automatic  recommitting  of 
such  report  to  the  committee  of  conference  in  case  the  point  of  order  is 
sustained.  This  rule  of  the  Senate  has  been  strictly  construed  (VIII, 
3273,  3275). 

Before  managers  of  a  conference  may  report  the  other  House  must  be 
notified  of  their  appointment  and  a  meeting  must  be 

held  (Vj  6458)*  Conferences  are  generally  held  in 
*ke  Senate  portion  of  the  Capitol,  and  with  closed 
doors,  although  in  rare  instances  Members  and  others 
have  been  admitted  to  make  arguments  (V,  6254,  footnote,  6263). 
Rarely,  also,  papers  in  the  nature  of  petitions  have  been  referred  to 
managers  (V,  6263) .  The  managers  of  the  two  Houses  vote  separately 
(V,  6336). 

The  report  of  the  managers  of  a  conference  goes  first  to  one  House  and 
§  549.  Action  on  a  then  to  the  other,  neither  House  acting  until  it  is  in 
conference  report  possession  of  the  papers,  which  means  the  original  bill 
in  the  two  Houses.  an(j  amendments,  as  well  as  the  report  (V,  6322, 
6518-6522,  6586;  VIII,  3301).  The  report  must  be  acted  on  as  a  whole, 
being  agreed  to  or  disagreed  to  as  an  entirety  (V,  6472-6480,  6530-6533; 
VIII,  3304,  3305) ;  and  until  the  report  has  been  acted  on  no  motion  to 
deal  with  the  individual  amendments  is  in  order  (V,  6323,  6389,  6390). 
While  ordinarily  reports  are  agreed  to  by  majority  vote,  a  two-thirds 
vote  is  required  on  a  report  relating  to  a  constitutional  amendment  (V, 
7036).  Conference  reports  must  be  acted  on  in  both  Houses  and  in  a 
case  where  the  Senate  had  adopted  a  report  which  recommended  that 
it  recede  from  its  amendments  to  a  House  Bill,  the  House  rejected  the 
report  and  then  agreed  to  the  Senate  amendments  (March  21,  1956, 
p.  5278).  A  conference  report  being  made  up  but  not  acted  on  at 
the  expiration  of  a  Congress,  the  bill  is  lost  (V,  6309).  One  House 
has,  by  message,  reminded  the  other  of  its  neglect  to  act  on  a  con- 
ference report;  but  this  was  an  occasion  of  criticism  (V,  6309). 

When  a  conference  report  is  presented,  the  question  on  agreeing  is 
5650.  Motions  m  regarded  as  pending  (V,  6517;  VIII,  3300),  and  as 
order  during  the  negative  of  it  is  equivalent  to  disagreement,  the 

action  on  a  motion  to  disagree  is  not  admitted  (II,  1473;  V,  6517; 

conference  report.  yjjj^  3300^  r^  readmg  of  the  amendments  to 

[265] 


§§551,552. 

which  the  report  relates  is  not  In  order  during  its  consideration  (V, 
5298).  The  report  may  not  be  amended  on  motion  made  in  either 
House  alone  (V,  6534,  6535;  VIII,  3306),  but  amendment  is  sometimes 
made  by  concurrent  action  of  the  two  Houses  (V,  6536,  6537;  VIII, 
3308).  A  motion  to  refer  to  a  standing  committee  (V,  6558)  or  to  lay 
on  the  table  is  not  entertained  in  the  House  (V,  6538-6544) ;  and  a 
conference  report  may  not  be  sent  to  Committee  of  the  Whole  on 
suggestion  that  it  contains  matter  ordinarily  requiring  consideration 
in  that  committee  (V,  6559-6561).  It  is  in  order  on  motion  to  recom- 
mit a  conference  report  if  the  other  body,  by  action  on  the  report, 
have  not  discharged  their  managers  (V,  6545-6553,  6609;  VIII,  3310), 
and  by  concurrent  action  of  the  two  Houses  a  report  may  be  recom- 
mitted after  one  House  had  acted  on  it  (VIII,  3308,  3316),  but  such 
a  proposition  would  not  be  privileged  in  the  House  (V,  6554-6557; 
VIII,  3309). 

A  bill  being  recommitted  to  the  committee  of  conference,  no  further 
action  is  taken  by  the  House  until  it  is  again  reported  by  the  managers 
(VIII,  3326,  3327),  and  when  reported  is  subject  to  another  motion 
to  recommit  (VIII,  3325). 

When  either  House  disagrees  to  a  conference  report  the  matter  is 

left  in  the  position  it  was  in  before  the  conference 

§55L  Effect  of  wag  ^j^  (y   6525)    ^d  the  amendments  in  dis- 

cbsagreement  to  a  ,  .«..••  j.         /TT    -  i»*^    i 

conference  report.  agreement  come  up  for  further  action  (II,  1473),  but 
do  not  return  to  the  state  they  were  in  before  dis- 
agreement, so  that  they  may  be  required  to  go  to  Committee  of  the 
Whole  (V,  6589).  Motions  for  disposition  of  Senate  amendments,  send- 
ing to  conference  and  instruction  of  conferees,  are  again  in  order  (VIII, 
3303),  but  right  to  recognition  passes  to  opposition  (II,  1473-1477). 

A  conference  may  be  asked,  before  the  House 
§552.  custody  of  asking  it  has  come  to  a  resolution  of 
papers  when  a  disagreement,  insisting  or  adhering.  3 

conference  is  °  7  °  ° 

asked  before  Hats.,  269,  341  •     In  which  case  the 

*fia*reement*  papers  are  not  left  with  the  other  con- 
ferees, but  are  brought  back  to  be  the  foundation  of 
the  vote  to  be  given.  And  this  is  the  most  reason- 
able and  respectful  proceeding;  for,  as  was  urged  by 
the  Lords  on  a  particular  occasion,  "it  is  held  vain, 

[266] 


§5653,554. 

and  below  the  wisdom  t>f  Parliament,  to  reason  or 
argue  against  fixed  resolutions;  and  upon  terms  of 
impossibility  to  persuade."  3  Hats.,  226.  *  *  * 

In  the  Houses  of  Congress  conferences  are  sometimes  asked  before  a 
disagreement,  and  while  the  rule  as  to  retention  of  the  papers  undoubt- 
edly holds  good,  neglect  to  observe  it  has  not  been  questioned  (V,  65S5) . 

*     *     *    So  the  Commons  say,  "an  adherence  is 
never  delivered  at  a  free  conference, 

\  553.  Relations  i»i«i«ii 

of  adherence  and       which  implies  debate.       10  Grey,  137. 

conference  under  AT  ,  i  •  ii  T          -i 

the  parliamentary  And  on  another  occasion  the  Lords 
law*  made  it  an  objection  that  the  Commons 

had  asked  a  free  conference  after  they  had  made 
resolutions  of  adhering.  It  was  then  affirmed,  how- 
ever, on  the  part  of  the  Commons  that  nothing  was 
more  parliamentary  than  to  proceed  with  free  con- 
ferences after  adhering,  3  Hats.,  269,  and  we  do  in 
£ ast  see  instances  of  conference,  or  of  free  conference, 
asked  after  the  resolution  of  disagreeing,  3  Herts., 
251,  263,  260,  286,  291,  316,  349;  of  insisting,  ib., 
280,  296,  299,  319,  322,  355;  of  adhering,  869,  270, 
283,  300;  and  even  of  a  second  or  final  adherence. 
3  Hats.,  270.  *  *  * 

The  two  Houses  not  observing  the  parliamentary  distinctions  as  to 
free  and  other  conferences,  their  practice  in  case  of 
ofadherenwTand  adherence  is  also  different.  Conferences  are  not 
conference  under  asked  after  an  adherence  by  both  Houses,  but  have 
the  practice  of  the  often  been  .asked  and  granted  where  only  one  House 
two  Houses  of  ^  Adhered  (V,  6241-6244).  A  vote  to  adhere 

Congress.  may  ^^  be  accompa:Died  by  a  request  for  a  con- 

ference (V;  6303;  VIII,  -3208),  as  the  House  that  votes  to  adhere  does 
not  ask  a  conference  (V,  6304-6308).  The  request  for  a  conference 
in  such  a  case  is  properly  accompanied  by  a  motion  to  insist  (V,  6308) . 

[2671 


JEFFERSON'S 

$$555-557. 

And  the  House  that  has  adhered  may  insist  on  its  adherence  when  it 
agrees  to  the  conference  (V,  6325),  or  it  may  recede  from  its  adherence 
and  agree  to  the  conference  (V,  6251).  But  it  is  not  considered 
necessary  either  to  recede  or  insist  before  agreeing  to  the  conference 
(V,  6242,  6244,  6310,  6311). 

*  *  *  And  in  all  cases  of  conference  asked 
§555.  custody  of  after  a  vote  of  disagreement,  &c.,  the 
lffe^rsateran  conferees  of  the  House  asking  it  are  to 
conference.  leave  the  papers  with  the  conferees  of 

the  other;  and  in  one  case  where  they  refused  to 
receive  them  they  were  left  on  the  table  in  the  con- 
ference chamber.  76.,  271,  817,  328,  854;  10  Grey, 
146. 

This  principle  of  the  parliamentary  law  is  recognized  as  of  effect  in  the 
§556.  Custody  of  "two  Houses  of  Congress,  and  is  always  followed  in 
papers  when  cases  wherein  the  managers  of  the  conference  come 

managers  of  a  to  an  agreement  on  which  a  report  may  be  based, 

conference  fail  to  jf  conferees  of  House  agreeing  to  conference  sur- 
asfree*  render  papers  to  House  asking  conference,  report  can 

be  received  first  by  House  asking  the  conference  (VIII,  3330).  But 
where  a  conference  breaks  up  without  reaching  any  agreement  the 
managers  for  the  House  which  asked  the  conference,  who  have  the 
papers  by  right,  are  justified  in  retaining  them  and  carrying  them  back 
to  the  House  (IV,  3905  footnote,  V,  6246,  6254,  6571-6584;  VIII,  3332). 
And  in  one  case  wherein  under  such  circumstances  the  papers  were 
taken  back  to  the  Senate,  which  was  the  body  agreeing  to  the  confer- 
ence, the  Senate  after  consideration  sent  them  to  the  House,  since  it 
seemed  proper  for  the  asking  House  to  take  the  first  action  (V,  6573). 
But  sometimes  managers  have  brought  the  papers  to  the  agreeing 
House  without  question  (V,  6239,  footnote). 

After  a  free  conference  the  usage  is  to  proceed  with 
5  557.  Free  or  in.       ^TeQ  conf  ^ences  and  not  to  return  again 
to  a  conference.    S  Hats.,  270;  9  Grey, 
229. 


[268] 


JEFFERSON'S 


§558. 

After  a  conference  denied  a  free  conference  may  be 


asked.     1  Grey,  45 


The  House  of  Representatives  instructs  its  managers  whenever  it 
sees  fit,  without  regard  to  whether  or  not  the  preceding  conference  has 
been  free  or  instructed. 

When  a  conference  is  asked,  the  subject  of  it  must 
fiteo  w  „  be   expressed   or   the    conference   not 

§  558.  Jrariiamen.-  •*• 

agreed  to.     Ord.  H.  Com.,  89;  1  Grey, 
4&5  ;  7  Grey,  31.     They  are  sometimes 
**  held*  asked  to  inquire  concerning  an  offense 

or  default  of  a  member  of  the  other  House.  6  Grey, 
181;  1  Chand.,  804.  Or  the  failure  of  the  other 
House  to  present  to  the  King  a  bill  passed  by  both 
Houses.  8  Grey,  802.  Or  on  information  received 
and  relating  to  the  safety  of  the  nation.  10  Grey,  171  . 
Or  when  the  methods  of  Parliament  are  thought  by 
the  one  House  to  have  been  departed  from  by  the 
other  a  conference  is  asked  to  come  to  a  right  under- 
standing thereon.  10  Grey,  148.  So  when  an  un- 
parliamentary message  has  been  sent,  instead  of  an- 
swering it  they  ask  a  conference.  3  Grey,  155.  For- 
merly an  address  or  articles  of  impeachment  or  a  bill, 
with  amendments,  or  a  vote  of  the  House,  or  concur- 
rence in  a  vote,  or  a  message  from  the  King  were 
sometimes  communicated  by  way  of  conference. 
6  Grey,  128,  800,  887;  7  Grey,  80;  8  Grey,  210,  255; 
1  Torbuck's  Deb.,  278;  10  Grey,  298;  1  Chandler,  49, 
287.  But  this  is  not  the  modern  practice.  8  Grey, 
255. 


[269] 


MANtTAL 
§§559-662. 

9.  obsolete 


.  A  conf  erence  has  been  asked  after  the 

provision  as  to         £rst  reading  of  a  bill.     1   Grey,  194. 

conference  on  .  ,          • 

first  reading.          This  is  a  singular  instance. 

The  House  of  Representatives  has  no  procedure  conforming  to  this 
provision. 

SEC.   XLVH,  -  MESSAGES. 

§560.  Messages  Messages  between  the  Houses  are  to 

sent  only  when        ^6  sent  only  while  both  Houses  are 

DOtn  Mouses  are  ** 

sitting.     8  Hats.,  15.     *     *     * 


Formerly  this  rule  was  observed  (V,  6605,  6604),  but  since  the  Sixty- 
second  Congress  messages  have  been  received  when  the  Senate  was  not 
in  session  (VIII,  3338). 

*    *     *   •  They  are  received  during  a 

§561.  Messages  *     .  „  ° 

received  during        debate  without  adjourning  the  debate. 
debate-  3  ffafe.,  00. 

In  the  House  of  Representatives  messages  are  received  during  debate, 
the  Member  having  the  floor  yielding  on  request  of  the  Speaker. 

In  Senate  the  messengers  are  introduced  in  any 
§562.  Kecep^n  *&%&&  °^  business,  except:  1.  While  a 


question  is  being  put.     2.  While  the 

during  voting,  m  ^  !•  11     JO 

absence  of  a  yeas  and  nays  are  being    called.     3. 

guornm,  etc.  While  the  ballots  are  being    counted. 

The  first  case  is  short;  the  second  and  third  are  cases 
where  any  interruption  might  occasion  errors  difficult 
to  be  corrected.  So  arranged  June  15,  1798. 

In  the  House  of  Representatives  messages  are  not  received  while  a 
question  is  being  put,  during  a  division  by  rising  vote,  or  during  a  vote 
by  tellers;  but  they  are  received  during  the  call  of  the  yeas  and  nays, 
during  consideration  of  a  question  of  privilege  (V,  6640-6642),  during 
a  call  of  the  House  (V,  6600,  6650;  VIII,  3339),  and  before  the  organiza- 
tion of  the  House  (V,  6647-6649).  But  the  Speaker  exercises  his 
discretion  about  interrupting  the  pending  business  (V,  6602). 

[270] 


JEFFERSON'S 

§§563-565. 

In  the  House  of  Representatives,  as  in  Parliament, 

§563.  informal         ^  the  House  ^  *&  committee  when  a 
rising  of  messenger  attends,  the  Speaker  takes 

Committee  of  the  .  •  ,  i 

whole  to  receive       tile  chair  to  receive  the  message,  and 
a  message.  then  quits  it  to  return  into  committee 

without  any  question  or  interruption.     4  Grey,  226. 
564  salutation  Messengers  are  not  saluted  by  the 

of  messengers  by       Members,  but  by  the  Speaker  for  the 

the  Speaker.  g^^        £  ^^  868,874- 

The  practice  of  the  House  of  Representatives  as  to  reception  of 
messages  is  founded  on  this  paragraph  of  the  parliamentary  law  and  on 
the  former  joint  rules  (V,  6591-6595).  The  Speaker,  with  a  slight 
inclination,  addresses  the  messenger,  by  his  title,  after  the  messenger, 
with  an  inclination,  has  addressed  "Mr.  Speaker"  (V,  6591). 

If  messengers  commit  an  error  in  delivering  their 
message,  they  may  be  admitted  or  called 

§  565.  Correction  .  ,       .  <~ 

and  return  of  in  to  correct  their  message.    4  Grey,  41 « 


Accordingly,  March  13,  1800,  the  Sen- 
ate having  made  two  amendments  to  a  bill  from  the 
House  of  Representatives,  their  Secretary,  by  mistake, 
delivered  one  only,  which  being  inadmissible  by  itself, 
that  House  disagreed,  and  notified  the  Senate  of 
their  disagreement.  This  produced  a  discovery  of 
the  mistake.  The  Secretary  was  sent  to  the  other 
House  to  correct  his  mistake,  the  correction  was 
received,  and  the  two  amendments  acted  on  de  novo. 

The  request  of  the  Senate  that  its  Secretary  be  allowed  to  correct  an 
error  in  a  message  was  granted  by  order  of  the  House  (V,  6605),  and  in  a 
similar  case,  when  the  House  directed  its  clerk  to  correct  an  error  in  a 
message  to  the  Senate,  the  Senate  agreed  to  the  correction  (V,  6607). 
In  the  House  a  proposition  to  correct  an  error  in  a  message  to  the  Senate 

£271] 


JEFFERSON'S 

§§566-568. 

is  received  as  a  question  of  privilege  (III,  2613) .  One  House  sometimes 
asks  of  the  other  the  return  of  a  message  (V,  6609-6611). 

As  soon  as  the  messenger  who  has  brought  bills 
from  the  other  House  has  retired,  the 
Speaker  holds  the  bills  in  his  hand;  and 
reception.  acquaints  the  House  "that  the  other 

House  have  by  their  messenger  sent  certain  bills/' 
and  then  reads  their  titles,  and  delivers  them  to  the 
Clerk  to  be  safely  kept  till  they  shall  be  called  for  to 
be  read.  Hakew.,  178. 

In  the  House  of  Representatives  the  message  goes  to  the  Speaker's 
table,  but  the  Speaker  does  not  acquaint  the  House,  as  they  have  al- 
ready heard  the  message.  From  the  Speaker's  table  messages  are  dis- 
posed of  under  Rule  XXIV,  cl.  2. 

It  is  not  the  usage  for  one  House  to  inform  the  other 
by  what  numbers  a  bill  is  passed.     10 

§  567.  Information  ^  ^ 

by  message  as  to  Grey,  ISO.  Yet  they  have  sometimes 
biiis  passed.  recommended  a  bill,  as  of  great  impor- 

tance, to  the  consideration  of  the  House  to  which  it 
is  sent.  S  Hats.,  25.  *  *  * 

The  Houses  of  Congress  do  not  communicate  by  what  numbers  a  bill 
is  passed,  or  otherwise  recommend  their  bills. 

*  *  *  Nor  when  they  have  rejected  a  bill 
§568.  information  from  the  other  House,  do  they  give 
by  message^  to  notice  of  it ;  but  it  passes  sub  silentio, 

rejection  of  bills.  ;  r  7 

to  prevent  unbecoming  altercations.    1 
Blackst.,  183. 

But  in  Congress  the  rejection  is  notified  by  message 
to  the  House  in  which  the  bill  originated. 

In  the  two  Houses  of  Congress  the  rejection  of  a  bill  is  notified  to  the 
House  in  which  the  bill  originated,  as  in  the  days  of  Jefferson,  although 

[272] 


JEFFERSON'S  MANUAL 

§§  569-571. 

the  joint  rule  requiring  it  has  disappeared  (IV,  3422;  V,  6601).  And  in  a 
case  -wherein  the  House  had  stricken  out  the  enacting  words  of  a  Senate 
bill,  the  Senate  was  notified  that  the  bill  had  been  rejected  (IV,  3423; 
VIII,  2638). 

A  question  is  never  asked  by  the  one  House  of  the 
§569.  Questions  other  by  way  of  message,  but  only  at  a 
^n^ence,not  conference;  for  this  is  an  interrogatory, 
by  message.  not  a  message.  3  Grey,  151,  181. 

In  1798  the  House  of  Representatives  asked  of  the  Senate  a  question 
by  way  of  conference,  but  this  appears  to  be  the  only  instance  (V,  6256) . 

When  a  bill  is  sent  by  one  House  to  the  other,  and 
§570.  Messages  is  neglected,  they  may  send  a  message 

astoneslected  ^     remin(J     them     of     -^        g    ff^^     gg. 

5  Grey,  154-  But  if  it  be  mere  inattention,  it  is 
better  to  have  it  done  informally  by  communication 
between  the  Speakers  or  Members  of  the  two  Houses. 

It  does  not  appear  that  either  House  of  Congress  has  reminded  the 
other  of  a  neglected  bill. 

Where  the  subject  of  a  message  is  of  a  nature  that 
§57i.  Messages  it  can  properly  be  communicated  to 
patent  to  <*e  both  Houses  of  Parliament,  it  is  ex- 
two  Houses,  pected  that  this  communication  should 
be  made  to  both  on  the  same  day.  But  where  a 
message  was  accompanied  with  an  original  declara- 
tion, signed  by  the  party  to  which  the  message  re- 
ferred, its  being  sent  to  one  House  was  not  noticed 
by  the  other,  because  the  declaration  being  original, 
could  not  possibly  be  sent  to  both  Houses  at  the 
same  time.  2  Hats.,  260,  261,  262. 

The  King  having  sent  original  letters  to  the  Com- 

[273] 


MANUAL 
§872. 

mons  afterward  desires  they  may  be  returned,  that 
he  may  communicate  them  to  the  Lords.  1  Chan- 
dler, SOS. 

A  message  of  the  President  of  the  United  States  is  usually  communi- 
cated to  both  Houses  on  the  same  day  when  its  nature  permits  (V, 
6590) ;  but  an  original  document  accompanying  can,  of  course,  be  sent 
to  but  one  House  (V,  6616,  6617).  The  President  having  by  inad- 
vertence included  certain  papers  in  a  message,  was  allowed  to  withdraw 
them  (V,  6651).  * 

SEC.    XLVIII. ASSENT. 

The  House  which  has  received  a  bill  and  passed  it 

§572  Pariia-  m8iy  Presen*  &  ^OY  ^e  King's  assent, 
mentaiyiawasto  and  ought  to  do  it,  though  they  have 

presenting  a  bill  ,       °  .-          **          ,1^1 

for  the  King's  not  by  message  notified  to  the  other 
assent*  their  passage  of  it.  Yet  the  notifying 

by  message  is  a  form  which  ought  to  be  observed 
between  the  two  Houses  from  motives  of  respect  and 
good  understanding.  2  Hats.,  242.  Were  the  bill 
to  be  withheld  from  being  presented  to  the  King,  it 
would  be  an  infringement  of  the  rules  of  Parlia- 
ment. 76. 

In  the  House  of  Representatives  it  was  held  that  where  there  had  been 
no  unreasonable  delay  in  transmitting  an  enrolled  bill  to  the  President, 
a  resolution  relating  thereto  did  not  present  a  question  of  privilege 
(III,  2601). 

«  In  House  of  Representatives  roll  call  is  suspended  at  the  discretion 
of  the  Speaker  to  receive  messages  from  the  President,  but  this  is  seldom 
done. 


[274] 


S  MANUAL 

§§  573-575. 

When  a  bill  has  passed  both  Houses  of  Congress, 
§575.  Pariia-  the  House  last  acting  on  it  notifies  its 

SS^rfMto  passage  to  the  other,  and  delivers  the 
bflls-  bill  to  the  Joint  Committee  of  Enroll- 

ment, who  sees  that  it  is  truly  enrolled  in  parchment. 
When  the  bill  is  enrolled  it  is  not  to  be  written  in 
paragraphs,  but  solidly,  and  all  of  a  piece,  that  the 
blanks  between  the  paragraphs  may  not  give  room 
for  forgery.  9  Grey,  148.  *  *  * 

Formerly  the  enrollment  in  the  House  of  Representatives  and  the 
§574.  Practice  of  Senate  was  in  writing  (IV,  3436,  3437);  but  in  1893 
the  two  Houses  of  ^fle  *wo  Houses,  by  concurrent  resolution,  provided 
Congress  as  to  that  bills  should  be  enrolled  on  parchment  by  print- 

enrollment  of  ing  instead  of  by  writing,  and  also  that  the  engross- 

biUs%  ment  of  bills  prior  to  sending  them  to  the  other 

House  for  action  should  be  in  printing  (IV,  3433),  and  in  1895  this 
concurrent  resolution  was  approved  by  statute  (IV,  3435) .  In  the  last 
six  days  of  a  session  of  Congress  the  two  Houses,  by  concurrent  resolu- 
tion, may  permit  the  enrolling  and  engrossing  to  be  done  by  hand 
(IV,  3435,  3438).  Only  in  a  very  exceptional  case  have  the  two 
Houses  waived  the  requirement  that  bills  -shall  be  enrolled  (IV,  3442). 
The  enrolling  clerk  should  make  no  change,  however  unimportant,  in 
the  text  of  a  bill  to  which  the  House  has  agreed  (III,  2598) ;  but  the 
two  Houses  may  by  concurrent  resolution  authorize  the  correction  of 
an  error  when  -enrollment  is  made  (IV,  3446-3450),  and  this  seems  a 
better  practice  than  earlier  methods  by  authority  of  the  Committee 
on  Enrolled  Bills  (IV,  3444,  3445).  (NOTE.— The  Committee  on 
Enrolled  Bills  was  abolished  under  the  Legislative  Reorganization  Act 
of  1946,  and  its  powers  and  duties  transferred  to  the  Committee  on 
House  Administration.) 

*  *  *  It  is  then  put  into  the  hands  of  the  Clerk 
§  575.  signing  of  of  the  House  of  Representatives  to  have 
ZSSSZS*  '  it  s^ed  by  the  Speaker.  The  Clerk 
President.  then  brings  it  by  way  of  message  to  the 

Senate  to  be  signed  by  their  President.     The  Secre- 

[275] 


MANUAL 
$5  576,  577. 

tary  of  the  Senate  returns  it  to  the  Committee  of 
Enrollment,  who  present  it  to  the  President  of  the 
United  States.  *  *  * 

The  practice  of  the  two  Houses  of  Congress  for  the  signing  of  enrolled 
bills  was  formerly  governed  by  joint  rules,  and  has  continued  since 
those  rules  were  abrogated  in  1876  (IV,  3430).  The  bills  are  signed 
first  by  the  Speaker,  then  by  the  President  of  the  Senate  (IV,  3429). 
By  unanimous  consent  where  errors  are  found  in  enrolled  bills  that  have 
been  signed,  the  two  Houses  by  concurrent  action  may  authorize  the 
cancellation  of  the  signatures  and  a  reenrollment  (IV,  3453-3459),  and 
in  the  same  way  the  signatures  may  be  cancelled  on  a  bill  prematurely 
enrolled  (IV,  3454). 

A  Speaker  pro  tempore  elected  by  the  House  (II,  1401)  or  whose 
§  576.  Authority  designation  has  received  the  approval  of  the  House 
of  pro  tempore  (II,  1404;  VI,  277),  signs  enrolled  bills;  but  a  Member 

presiding  officers  merely  called  to  the  chair  during  the  day  (II,  1399, 
*  rfe*  Boiled  1400;  VI,  276),  or  designated  in  writing  by  the 

Speaker,  does  not  exercise  this  function  (II,  1401). 

The  Senate,  by  rule,  has  empowered  a  presiding  officer  by  written 
designation  to  sign  enrolled  bills  (II,  1403). 

In  early  days  a  joint  committee  took  enrolled  bills  to  the  President 
§  577.  Presenta-  (Iv,  3432) ;  but  in  the  later  practice  the  chairman  of 
tion  of  enrolled  the  committee  for  each  House  presents  the  bills  from 

bills  to  the  hig  House,  and  submits  from  his  committee  daily  a 

President.  report  of  the  bills  presented  for  entry  in  the  journal 

(IV,  3431).  Enrolled  bills  pending  at  the  close  of  a  session  have,  at 
the  next  session  of  the  same  Congress,  been  ordered  to  be  treated  as 
if  no  adjournment  had  taken  place  (IV,  3487,  3488).  And  enrolled 
bills  signed  by  the  presiding  officers  at  one  session  have  been  sent  to  the 
President  and  approved  at  the  next  session  of  the  same  Congress 
(IV,  3486). 


£276] 


JEFFERSON'S  MANUAL 

§5  578-580 

SEC.  XLIX.  —  JOUKNALS. 
***** 

If  a  question  is  interrupted  by  a  vote  to  adjourn,  or 
to  proceed  to  the  orders  of  the  day,  the 
original  question  is  never  printed  in  the 


entry  of  motions        journal,  it  never  having  been  a  vote,  nor 

in  the  journal.  •      ,          i         ,  ,  , 

introductory  to  any  vote;  but  when 
suppressed  by  the  previous  question,  the  first  ques- 
tion must  be  stated,  in  order  to  introduce  and  make 
intelligible  the  second.  2  Hats.,  83. 

This  provision  of  the  parliamentary  law  is  superseded  by  Rule  XVI, 
cl.  1. 

So  also  when  a  question  is  postponed,  adjourned,  or 

laid  on  the  table,  the  original  question, 

LfrL^uei-         though  not  yet  a  vote,  must  be  ex- 

tions  postponed,        pressed   in   the   journals,    because   it 

or  laid  on  the  table.        ^  »    i  /. 

makes  part  of  the  vote  of  postponement, 
adjourning,  or  laying  it  on  the  table. 

In  the  House  of  Representatives  a  question  is  not  adjourned,  except 
in  the  sense  that  it  may  be  left  to  go  over  as  unfinished  business  by 
reason  of  a  vote  to  adjourn. 

Where   amendments    are   made    to    a    question, 
those  amendments  are  not  printed  in 

§580.  Entryof  ^ 

amendments  m  the  journals,  separated  from  the  ques- 
the  jonmai.  fton]  but  only  the  question  as  finally 

agreed  to  by  the  House.  The  rule  of  entering  in 
the  journals  only  what  the  House  has  agreed  to, 
is  founded  in  great  prudence  and  good  sense,  as 


62581° — H.  Doc.  459,  86-2 19        [277] 


$§  581,  582. 

there  may  be  many  questions  proposed  which  it 
may  be  improper  to  publish  to  the  world  in  the 
form  in  which  they  are  made.  2  Hats.,  85. 

In  the  practice  of  the  House  of  Representatives  a  motion  to  amend 
is  entered  on  the  Journal  as  any  other  motion,  under  Rule  XVI,  cL  1. 


§  SSL  Entry  of  The  first  order  for  printing  the  votes 

of  the  House  of  Commons  was  October 
30,  1685.     1  Chandler,  387. 
Some  judges  have  been  of  opinion  that  the  jour- 
nals of  the  House  of  Commons  are 

§  582.  The  jour- 

nai  as  an  official        no  records,    but   only   remembrances. 


record. 


Lex.  ParZ.,  114,  115;  Jour.  H.  C.,  Mar.  17,  1592; 
Hale,  ParL,  105.  For  the  Lords  in  their  House 
have  power  of  judicature,  the  Commons  in  their 
House  have  power  of  judicature,  and  both  Houses 
together  have  power  of  judicature;  and  the  book  of 
the  Clerk  of  the  House  of  Commons  is  a  record,  as 
is  affirmed  by  act  of  ParL,  6  H.  8,  c.  16;  4  Inst.,  28, 
24;  and  every  member  of  the  House  of  Commons 
hath  a  judicial  place.  4  Inst.,  15.  As  records  they 
are  open  to  every  person,  and  a  printed  vote  of 
either  House  is  sufficient  ground  for  the  other  to 
notice  it.  Either  may  appoint  a  committee  to 
inspect  the  journals  of  the  other,  and  report  what 
has  been  done  by  the  other  in  any  particular  case. 
2  Hats.,  261;  8  Hats.,  27-30.  Every  member  has 
a  right  to  see  the  journals  and  to  take  and  publish 

[278] 


§§  583-585. 

votes  from  them.     Being  a  record,  every  one  may 
see  and  publish  them.     6  Grey,  118,  119, 

The  Journal  of  the  House  of  Representatives  Is  the  official  record 
of  the  proceedings  of  the  House  (IV,  2727),  and  certified  copies  are 
admitted  as  evidence  in  the  courts  of  the  United  States  (IV,  2810; 
28  U.  S.  C.  1736).  A  Senate  committee  concluded  that  the  Journal 
entries  of  a  legislative  body  were  conclusive  as  to  all  the  proceedings 
had,  and  might  not  be  contradicted  by  ex  parte  evidence  (I,  563). 

On  information  of  a  misentry  or  omission  of  an 
§  583.  correction  entry  in  the  journal,  a  committee  may 
^uglT™1  be  appointed  to  examine  and  rectify  it, 

committee.  an(j  report  it  to  the  House.     2  Hats., 

194, 


SEC.    L,  -  ADJOURNMENT. 

The  two  Houses  of  Parliament  have  the  sole,  sepa- 
§584.  Pariia-  rate?   and  independent   power  of  ad- 


each  their  respective  Houses. 

adjournment  of  .  . 

the  commons  and  The  King  has  no  authority  to  adjourn 
Ix>rds"  them;  he  can  only  signify  his  desire, 

and  it  is  in  the  wisdom  and  prudence  of  either  House 
to  comply  with  his  requisition,  or  not,  as  they  see 
fitting.  *  Hats.,  232;  1  BlacksL,  186;  5  Grey,  122. 

#  *  *  #  * 

A  motion  to  adjourn,  simply  cannot  be  amended, 
as  by  adding  "to  a  particular  day;" 

§  585.  Motion  to  J  &  ,          *  i  ttj.^     j.      A- 

adjourn  not  to  be  but  must  be  put  simply  that  this 
amended.  House  do  now  adjourn;^  and  if  car- 

ried in  the  affirmative,  it  is  adjourned  to  the  next 
sitting  day,  unless  it  has  come  to  a  previous  resolu- 

[279] 


JEFFERSON'S  MANUAL 

§586. 

tion,  "that  at  its  rising  it  will  adjourn  to  a  particular 
day,"  and  then  the  House  is  adjourned  to  that  day. 
8  Hats.,  82. 

This  rule  is  of  effect  in  the  modern  practice  of  the  House  of  Repre- 
sentatives (Rule  XVI,  cl.  4). 

Where  it  is  convenient  that  the  business  of  the 
§586.  Motion  for  House  be  suspended  for  a  short  time, 
a  recess.  ag  .for  a  conference  presently  to  be 

held,  &c.,  it  adjourns  during  pleasure;  2  Hats.,  305; 
or  for  a  quarter  of  an  hour.  4  Grey,  331 . 

An  adjournment  during  pleasure  is  effected  in  the  House  of  Repre- 
sentatives by  a  motion  for  a  recess.  A  recess  may  not  be  taken  by  less 
than  a  quorum  (IV,  2958-2960),  and  consequently  the  motion  for  it  is 
not  in  order  in  the  absence  of  a  quorum  (IV,  2955-2957).  When  the 
hour  previously  fixed  for  a  recess  arrives,  the  Chair  declares  the  House 
in  recess  even  in  the  midst  of  a  division  or  when  a  quorum  is  not  present 
(V,  6665,  6666;  VI,  664) ;  but  a  roU  call  is  not  in  this  way  interrupted  (V, 
6054,  6055).  Where  a  special  order  requires  a  recess  at  a  certain  hour 
of  a  certain  day,  the  recess  is  not  taken  if  the  encroachment  of  a  prior 
legislative  day  prevents  the  existence  of  the  said  certain  day  as  a 
legislative  day  (IV,  3192).  And  an  adjournment  at  a  time  prior  to 
the  hour  fixed  for  a  recess  vacates  the  recess  (IV,  3283).  A  motion 
for  a  recess  must,  when  entertained,  be  voted  on,  even  though  the 
taking  of  the  vote  may  have  been  prevented  until  after  the  hour 
specified  for  the  conclusion  of  the  proposed  recess  (V,  6667).  A  Com- 
mittee of  the  Whole  takes  a  recess  only  by  permission  of  the  House 
(V,  6669-6671 ;  VIII,  3362) .  The  motion  for  a  recess  is  not  privileged 
(V,  5301,  5302,  6740)  against  a  demand  that  business  proceed  in  the 
regular  order  (V,  6663;  VIII,  3354-3356). « 

a  During  session  of  Congress  neither  House  shall  adjourn  for  more 
than  three  days  without  consent  of  the  other.  (Constitution  U.  S., 
art.  1,  sec.  6,  par.  1.) 


[280] 


' 


JEFFERSON'S 

§§  587,  588. 

If  a  question  be  put  for  adjournment,  it  is  no  ad- 
§  ss?  Adjonm.  joumment  till  the  Speaker  pronounces 
ment  pronounced  it.  5  Grey,  137.  And  from  courtesy 
by  the  speaker.  a^  respect,  no  member  leaves  his  place 
till  the  Speaker  has  passed  on. 

SEC.    LI.  -  A    SESSION. 

Parliament  have  three  modes  of  separation,  to  wit: 
§  588.  sessions  of  b7  adJ  oununezit,  by  prorogation  or  dis- 
pariiament.  solution  by  the  King,  or  by  the  efflux 

of  the  term  for  which  they  were  elected.  Prorogation 
or  dissolution  constitutes  there  what  is  called  a  ses- 
sion; provided  some  act  was  passed.  In  this  case 
all  matters  depending  before  them  are  discontinued, 
and  at  their  next  meeting  are  to  be  taken  up  de  novo, 
if  taken  up  at  all.  1  BlacksL,  186.  Adjournment, 
which  is  by  themselves,  is  no  more  than  a  continuance 
of  the  session  from  one  day  to  another,  of  for  a  fort- 
night, a  month,  &c.,  ad  libitum.  All  matters  depend- 
ing remain  in  statu  quo,  and  when  they  meet  again, 
be  the  term  ever  so  distant,  are  resumed,  without  any 
fresh  commencement,  at  the  point  at  which  they  were 
left.  1  Lev.,  165;  Lex.  ParL,  c.  2;  1  Ro.  Rep.,  29;  4 
InsL,  7,  27,  28;  Hutt.,  61;  1  Mod.,  252;  Ruffh.  Jac., 
L.  Diet.  Parliament;  1  Blackst.,  186.  Their  whole 
session  is  considered  in  law  but  as  one  day,  and  has 
relation  to  the  first  day  thereof.  Bro.  Abr.  Parlia- 
ment, 86. 


[281] 


JEFFERSONS 

5§  589,  590. 

Committees  may  be  appointed  to  sit  during  a 
§589.  sitting  of       recess  by  adjournment,    but   not  by 
prorogation.     5  Grey,  374;  9  Grey,  350; 


of  concussions  to          Chandler*  SO.     Neither  House  can 

sit  after  Congress  .  -     .          ,f    . 

adjourns.  contmue  any  portion  of  itself  in  any 

parliamentary  function  beyond  the  end  of  the  session 
without  the  consent  of  the  other  two  branches.  When 
done,  it  is  by  a  bill  constituting  them  commissioners 
for  the  particular  purpose. 

The  House  of  Representatives  may  empower  a  committee  to  sit  dur- 
ing a  recess  which  is  within  the  constitutional  term  of  the  House  (IV, 
4541-4543),  but  not  thereafter  (IV,  4545).  Therefore  committees  are 
created  commissioners  by  law  if  their  functions  are  to  extend  beyond 
the  term  of  the  Congress  (IV,  4545)  . 

Congress  separate  in  two  ways  only,  to  wit,  by 
§590.  sessions  and  adjournment,  or  dissolution  by  the 
recesses  of  congress,  efflux  of  their  time.  What,  then,  con- 
stitutes a  session  with  them?  A  dissolution  certainly 
closes  one  session,  and  the  meeting  of  the  new  Con- 
gress begins  another.  The  Constitution  authorizes 
the  President,  "on  extraordinary  occasions  to  con- 
vene both  Houses,  or  either  of  them/'  /,  8.  If  con- 
vened by  the  President's  proclamation,  this  must 
begin  a  new  session,  and  of  course  determine  the  pre- 
ceding one  to  have  been  a  session,  So  if  it  meets 
under  the  clause  of  the  Constitution  which  says,  f  'the 
Congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a  different 
day."  I,  4-  This  must  begin  a  new  session;  for 

[282] 


JEFFERSON'S  MANUAL. 

§591. 

even  if  the  last  adjournment  was  to  this  day  the  act 
of  adjournment  is  merged  in  the  higher  authority  of 
the  Constitution,  and  the  meeting  will  be  under  that, 
and  not  under  their  adjournment.  So  far  we  have 
fixed  landmarks  for  determining  sessions.  *  *  * 

In  the  later  practice  of  Congress  it  has  beau  established  that  when  the 
two  Houses  adjourn  for  more  than  three  days  and  not  to  or  beyond  a 
day  fixed  by  Constitution  or  law  for  the  next  regular  session  to  begin, 
the  session  is  not  thereby  necessarily  terminated  (V,  6676,  6677). 
And  in  one  instance  the  two  Houses  by  concurrent  resolution  provided 
for  adjournment  to  a  certain  day  with  a  provision  that  if  there  be  no 
quorum  present  on  that  day  the  session  should  terminate  (V,  6686). 
Prior  to  the  adoption  of  the  twentieth  amendment  in  the  later  but 
not  the  earlier  practice  the  fact  that  Congress  had  met  once  within  the 
year  did  not  make  uncertain  the  constitutional  mandate  to  meet  on 
the  first  Monday  of  December  (I,  10,  11).  And  where  a  special  session 
continued  until  the  time  prescribed  by  the  Constitution  for  the  annual 
meeting  without  an  appreciable  intervening  time  (V,  6690,  6692), 
a  question  arose  as  to  whether  there  had  actually  been  a  recess  of 
Congress  (V,  6687,  6693),  with  the  conclusion  that  a  recess  was  a  real 
and  not  an  imaginary  time  (V,  6687).  (NOTE. — The  Twentieth 
amendment  to  the  Constitution  provides  now  for  the  meeting  of 
Congress  on  the  3d  of  January). 

*  *  *  In  other  cases  it  is  declared  by  the  joint 
§591.  Manner  of  vote  authorizing  the  President  of  the 
by'actionT^1  Senate  and  the  Speaker  to  close  the 
two  Houses.  session  on  a  fixed  day,  which  is  usually 

in  the  following  form:  "Resolved  by  the  Senate  and 
House  of  Representatives,  that  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representa- 
tives be  authorized  to  close  the  present  session  by 

adjourning  their  respective  Houses  on  the day 

of ." 

[283] 


JTEITERSON'S 

2,  593. 

In  the  modern  practice  the  resolving  clause  of  the  concurrent  resolu- 
tion is  in  form  different  from  that  given  by  Jefferson  (§  969).  At  the 
close  of  the  first  session  of  the  Sixty-sixth  Congress,  the  two  Houses 
adjourned  sine  die  under  authority  granted  each  House  by  simple 
resolutions  consenting  to  such  adjournment  sine  die  at  any  time  prior 
to  a  specified  date  (November  19,  1919,  p.  8810).  Pursuant  to  House 
Concurrent  Resolution  266,  83d  Congress,  the  House  adjourned  sine  die 
on  August  20,  1954,  with  consent  of  the  House  to  adjournment  sine  die 
of  the  Senate  at  anytime  prior  to  December  25,  1954  (August  20,  1954, 
p.  15554). 

When  it  was  said  above  that  all  matters  depending 
before  Parliament  were  discontinued  by 
the  determination  of  the  session,  it  was 
not  meant  for  judiciary  cases  depend- 
ing  before  the  House  of  Lords,  such  as 

impeachments,  appeals,  and  writs  of  error.     These 

stand   continued,   of   course,    to   the   next   session. 

Raym.,  120,  381;  Ruffh.  Fac.,  L.  D.,  Parliament. 
Impeachments  stand,  in  like  manner,  continued 

before  the  Senate  of  the  United  States. 

In  the  House  of  Representatives  Rule  XXVI  and  the  practice  there- 
under show  that  the  two  Houses  of  Congress  have  departed  from  the 
law  of  Parliament. 

SEC.   LII.  —  TREATIES. 


Treaties  are  legislative  acts.  A  treaty  is  the  law 
§593.  General  nature  of  the  land.  It  differs  from  other  laws 
of  treaties.  onjy  ag  ft  must  have  the  consent  of  a 

foreign  nation,  being  but  a  contract  with  respect  to 
that  nation.  In  all  countries,  I  believe,  except  Eng- 
land, treaties  are  made  by  the  legislative  power;  and 
there,  also,  if  they  touch  the  laws  of  the  land  they 
must  be  approved  by  Parliament.  Ware  v.  Hylton, 
3  Dallas'  s  Rep.,  223.  It  is  acknowledged,  for  in- 

[284] 


JEFFERSON'S  MANUAL 

§594. 

stance,  that  the  King  of  Great  Britain  cannot  by  a 
treaty  make  a  citizen  of  an  alien.  Vattel,  b.  1,  c.  19, 
sec.  214-  An  act  of  Parliament  was  necessary  to  val- 
idate the  American  treaty  of  1783.  And  abundant 
examples  of  such  acts  can  be  cited.  In  the  case  of 
the  treaty  of  Utrecht,  in  1712,  the  commercial  articles 
required  the  concurrence  of  Parliament;  but  a  bill 
brought  in  for  that  purpose  was  rejected.  France, 
the  other  contracting  party,  suffered  these  articles, 
in  practice,  to  be  not  insisted  on,  and  adhered  to  the 
rest  of  the  treaty.  4  Russell's  Hist.  Mod.  Europe, 
457;  2  Smollet,  242,  246. 

By  the  Constitution  of  the  United  States  this  de- 
§  594.  Jefferson's  partment  of  legislation  is  confined  to 
two  branches  only  of  the  ordinary  legis- 
lature— the  President  originating  and 
the  Senate  having  a  negative.  To  what  subjects  this 
power  extends  has  not  been  defined  in  detail  by  the 
Constitution;  nor  are  we  entirely  agreed  among  our- 
selves. 1.  It  is  admitted  that  it  must  concern  the 
foreign  nation  party  to  the  contract,  or  it  would  be  a 
mere  nullity,  res  inter  alias  acta.  2.  By  the  general 
power  to  make  treaties,  the  Constitution  must  have 
intended  to  comprehend  only  those  subjects  which 
are  usually  regulated  by  treaty,  and  can  not  be  other- 
wise regulated.  3.  It  must  have  meant  to  except  out 
of  these  the  rights  reserved  to  the  States;  for  surely 
the  President  and  Senate  can  not  do  by  treaty  what 
the  whole  Government  is  interdicted  from  doing  in 

[285] 


JEFFERSON'S 

§§595,596. 

any  way.    4.  And  also  to  except  those  subjects  of 
legislation  in  which  it  gave  a  participation  to  the 
House  of  Representatives,     This  last  exception  is  de- 
nied by  some  on  the  ground  that  it  would  leave  very 
little  matter  for  the  treaty  power  to  work  on.     The 
less  the  better,  say  others.    The  Constitution  thought 
it  wise  to  restrain  the  Executive  and  Senate  from 
entangling  and  embroiling  our  affairs  with  those  of 
Europe.    Besides,  as  the  negotiations  are  carried  on 
by  the  Executive  alone,  the  subjecting  to  the  ratifi- 
cation of  the  Representatives  such  articles  as  are 
within  their  participation  is  no  more  inconvenient 
than  to  the  Senate.    But  the  ground  of  this  excep- 
tion is  denied  as  unfounded.    For  examine,  e.  g.;  the 
treaty  of  commerce  with  France,  and  it  will  be  found 
that,  out  of  thirty-one  articles,  there  are  not  more 
than  small  portions  of  two  or  three  of  them  which 
would  not  still  remain  as  subjects  of  treaties,  un- 
touched by  these  exceptions. 

The  participation  of  the  House  of  Representatives  in  the  treaty- 
making  power  has  been  often  examined  since  Jef- 
Lti'on^tJteHouse      ferson;s  Manual  was  written.     The  House  has  in 
as  to  treaties.  several  instances  taken  action  in  carrying  into  effect, 

terminating,  enforcing,  and  suggesting  treaties  (II, 
1502-1605, 1520-1522),  although  sometimes  the  propriety  of  requesting 
the  Executive  to  negotiate  a  treaty  has  been  questioned  (II,  1514-1517). 
The  exact  authority  of  the  House  in  the  making  of  general  treaties 
has  been  the  subject  of  differences  of  opinion,     In 
JtottwS^to  °f       1796  tke  House  Affirmed  that  when  a  treaty  related 
treaties  in  general.       to  subjects  within  the  power  of  Congress  it  was  the 
constitutional  duty  of  the  House  to  deliberate  on  the 
expediency  of  carrying  such  treaty  into  effect  (II,  1509);  and  in  1816, 
after  a  discussion  with  the  Senate,  the  House  maintained  its  position 

[286] 


JEFFERSON'S  MANUAL* 

§§  597-599. 

that  a  treaty  must  depend  on  a  law  of  Congress  for  its  execution  as  to 
such  stipulations  as  relate  to  subjects  constitutionally  intrusted  to 
Congress  (II,  1506).  In  1868  the  House's  assertion  of  right  to  a  voice 
in  carrying  out  the  stipulations  of  certain  treaties  was  conceded  in  a 
modified  form  (II,  1508).  Again,  in  1871,  the  House  asserted  its 
prerogative  (II,  1523).  In  1820  and  1868  there  were  discussions  of  the 
House's  functions  as  to  treaties  ceding  or  acquiring  foreign  territory 
(II,  1507,  1508),  and  at  various  other  times  there  have  been  discussions 
of  the  general  subject  (II,  1509,  1546,  1547;  VI,  324-326). 

After  long  and  careful  consideration  the  Judiciary  Committee  of  the 
House  decided,  in  1887,  that  the  executive  branch  of 
the  Government  niight  not  conclude  a  treaty 
reTenuetreaties.  affecting  the  revenue  without  the  assent  of  the 
House  (II,  1528-1530),  and  a  Senate  committee  after 
examination  concluded  that  duties  were  more  properly  regulated  with 
the  publicity  of  congressional  action  than  by  treaties  negotiated  by  the 
President  and  ratified  by  the  Senate  in  secrecy  (II,  1532) .  In  practice 
the  House  has  acted  on  revenue  treaties  (II,  1531,  1533) ;  and  in  1880  it 
declared  the  negotiation  of  a  revenue  treaty  an  invasion  of  its  pre- 
rogatives (II,  1524).  At  other  times  the  subject  has  been  discussed 
(II,  1525-1528,  1531,  1533). 

After  long  discussion  the  House,  in  1871,  successfully  asserted  its 
§  598.  House  right  to  a  voice  in  approving  Indian  treaties  (II, 

approves  Indian  1535,  1536),  although  in  earlier  times  this  preroga- 

treaties.  ^.jve  j^  been  jealously  guarded  by  the  Executive 

(II,  1534). 

There  have  been  various  conflicts  with  the  Executive  over  requests 
of  the  House  for  papers  relating  to  treaties  (II,  15Q&-1513,  1518,  1519, 
1561). 

Treaties  being  declared,  equally  with  the  laws  of 
§  599.  Treaties  the  United  States,  to  be  the  supreme 
abrogated  by  iaW.  jftw  of  t^  land?  it  jg  understood  that  an 

act  of  the  legislature  alone  can  declare  them  infringed 
and  rescinded.  This  was  accordingly  the  process 
adopted  in  the  case  of  France  in  1798. 

Notice  to  a  foreign  government  of  the  abrogation  of  a  treaty  is 
authorized  by  a  joint  resolution  (V,  6270). 

[287] 


JEFFERSON'S  MANUAL 

§§  600,  601. 

It  has  been  the  usage  for  the  Executive,  when  it 
communicates  a  treaty  to  the  Senate 

§  600.  Procedure  .  ,.^»         ..  , 

of  the  senate  as  for  their  ratification,  to  communicate 
to  treaties.  ajgQ  ^  correSpOndence  of  the  nego- 

tiators. This  having  been  omitted  in  the  case  of  the 
Prussian  treaty,  was  asked  by  a  vote  of  the  House  of 
February  12,  1800,  and  was  obtained.  And  in 
December,  1800,  the  convention  of  that  year  between 
the  United  States  and  France,  with  the  report  of 
the  negotiations  by  the  envoys,  but  not  their  in- 
structions, being  laid  before  the  Senate,  the  instruc- 
tions were  asked  for  and  communicated  by  the 
President. 

The  mode  of  voting  on  questions  of  ratification  is 
by  nominal  call. 

The  Senate  now  has  rules  governing  its  procedure  on  treaties. 
SEC.  Lin.  —  IMPEACHMENT. 


These  are  the  provisions  of  the  Constitution  of  the 
United  States  on  the  subject  of  im- 
peachments.  The  following  is  a  sketch 
°^  some  °f  *^e  principles  and  practices 
of  England  on  the  same  subject: 
Jurisdiction.  The  Lords  can  not  impeach  any  to 
themselves,  nor  join  in  the  accusation,  because  they 
are  the  judges.  Seld.  Judic.  in  ParL,  12,  68.  Nor 
can  they  proceed  against  a  commoner  but  on  com- 
plaint of  the  Commons.  Ib.,  84.  The  Lords  may 

[288] 


JEFFERSON'S  MANUAL 

§602. 

not,  by  the  law,  try  a  commoner  for  a  capital  offense, 
on  the  information  of  the  King  or  a  private  person, 
because  the  accused  is  entitled  to  a  trial  by  his  peers 
generally;  but  on  accusation  by  the  House  of  Com- 
mons, they  may  proceed  against  the  delinquent,  of 
whatsoever  degree,  and  whatsoever  be  the  nature  of 
the  offense;  for  there  they  do  not  assume  to  them- 
selves trial  at  common  law.  The  Commons  are  then 
instead  of  a  jury,  and  the  judgment  is  given  on  their 
demand,  which  is  instead  of  a  verdict.  So  the  Lords 
do  only  judge,  but  not  try  the  delinquent.  /&.,  6,  7. 
But  Wooddeson  denies  that  a  commoner  can  now  be 
charged  capitally  before  the  Lords,  even  by  the 
Commons;  and  cites  Fitzharris's  case,  1681,  im- 
peached of  high  treason,  where  the  Lords  remitted 
the  prosecution  to  the  inferior  court.  8  Grey's  Deb., 
325-7;  2  Wooddeson,  676,  601;  8  Seld.,  1604,  1610, 
1618,  1619,  1641;  4  Blackst,  25;  9  Seld.,  1656;  73 
Seld.,  1604-18. 

Accusation.  The  Commons,  as  the  grand  inquest 
of  the  nation,  becomes  suitors  for  penal 
Justice.  2  Wood.,  597;  6  Grey,  356. 
impeachment.  The  general  course  is  to  pass  a  resolu- 
tion containing  a  criminal  charge  against  the  sup- 
posed delinquent,  and  then  to  direct  some  member 
to  impeach  him  by  oral  accusation,  at  the  bar  of  the 
House  of  Lords,  in  the  name  of  the  Commons.  The 
person  signifies  that  the  articles  will  be  exhibited, 
and  desires  that  the  delinquent  may  be  sequestered 

[289] 


JEFFERSON'S 

§§603-605. 

from  his  seat,  or  be  committed,  or  that  the  peers  will 
take  order  for  his  appearance.  Sachev.  Trial,  825; 
2  Wood.,  602,  605;  Lords'  Journ.,  5  June,  1701;  1 
Wms.,  616;  6  Grey,  S24* 

In  the  House  of  Representatives  there  are  various  methods  of  setting 
503  jace  tion  an  impeachment  in  motion:  by  charges  made  on  the 
of  imieachLnt  floor  on  the  responsibility  of  a  Member  or  Delegate 
proceedings  in  the  (II,  1303;  III,  2342,  2400,  2469;  VI,  525,  526,  528, 
House.  535,  536) ;  by  charges  preferred  by  a  memorial,  which 

is  usually  referred  to  a  committee  for  examination  (III,  2364,  2491, 
2494,  2496,  2499,  2515;  VI,  552);  by  a  message  from  the  President 
(III,  2294,  2319;  VI,  498);  by  charges  transmitted  from  the  legislature 
of  a  State  (III,  2469)  or  Territory  (III*  2487)  or  from  a  grand  jury 
(III,  2488) ;  or  from  facts  developed  and  reported  by  an  investigating 
committee  of  the  House  (III,  2399,  2444). 

A  direct  proposition  to  impeach  is  a  question  of  high  privilege  in  the 
§  604  A  proposi-  House  and  at  once  supersedes  business  otherwise  in 
tion  to  impeach  a  order  under  the  rules  governing  the  order  of  business 
question  of  (Hi,  2045-2048;  VI ,  468,  469).  It  may  not  even  be 

prmiege.  superseded  by  an  election  case,  which  is  also  a  matter 

of  high  privilege  (III,  2581).  It  does  not  lose  its  privilege  from  the 
fact  that  a  similar  proposition  has  been  made  at  a  previous  time  during 
the  same  session  of  Congress  (III,  2408),  previous  action  of  the  House 
not  affecting  it  (III,  2053).  So,  also,  propositions  relating  to  an  im- 
peachment already  made  are  privileged  (III,  2400,  2402,  2410)  such 
as  resolutions  providing  for  selection  of  managers  of  an  impeachment 
(VI,  517),  proposing  abatement  of  impeachment  proceedings  (VI, 
514) ;  but  a  resolution  simply  proposing  an  investigation,  even  though 
impeachment  may  be  a  possible  consequence,  is  not  privileged  (III, 
2050, 2546 ;  VI,  463) .  But  where  a  resolution  of  investigation  positively 
proposes  impeachment  or  suggests  that  end,  it  has  been  admitted  as  of 
privilege  (III,  2051,  2052,  2401,  2402). 

The  impeachment  having  been  made  on  the  floor  by  a,  Member  (III, 

2342,  2400;  VI,  525,  526,  528,  535,  536) ;  or  charges 

tio^of^wSir          suggesting    impeachment    having    been    made    by 

ment  charges.  "          memorial  (III,  2495,  2516;  2520,  VI,  552)  or  even 

appearing  through  common  fame  (III,  2385,  2506), 

the  House  has  at  times  ordered  an  investigation  at  once.     At  other 

times  it  has  refrained  from  ordering  investigation  until  the  charges  had 

[290] 


s  MANUAL 

§§606-60$. 

been  examined  by  a  committee  (III,  2364,  2488,  2491,  2492,  2494, 
2504,  2513). 

The  House  has  always  examined  the  charges  by  its  own  committee 
before  it  has  voted  to  impeach  (III,  2294, 2487, 2501). 
*606"  P^°  6  Tllis  commit<fc^^  na$  sometimes  been  a  select  commit- 
tee  (UI>  2342>  2487>  2494)»  sometimes  a  standing 
committee  (III,  2400,  2409).  In  some  instances  the 
committee  has  made  its  inquiry  ex  parte  (III,  2319,  2343,  2366,  2385, 
2403,  2496,  2511) ;  but  in  the  later  practice  the  sentiment  of  committees 
has  been  in  favor  of  permitting  the  accused  to  explain,  present  wit- 
nesses, cross-examine  (III,  2445,  2471,  2518),  and  be  represented  by 
counsel  (III,  2470,  2501,  2511,  2516). 

Its  committee  on  investigation  having  reported,  the  House  may  vote 
the  impeachment  (III,  2367,  2412),  and,  after  ha ving 
notified  the  Senate  by  message  (III,  2413,  2446), 
mav  direct  ^Q  impeachment  to  be  presented  at  the 
bar  of  the  Senate  by  a  single  Member  (III,  2294), 
or  by  two  (III,  2319,  2343,  2367),  or  even  five  Members  (III,  2445). 
These  Members  in  one  notable  case  represented  the  majority  party 
alone,  but  ordinarily  include  representation  of  the  minority  party  (III, 
2445,  2472,  2505).  The  chairman  of  the  committee  impeaches  at  the 
bar  of  the  Senate  by  oral  accusation  (III,  2413,  2446,  2473),  and 
requests  that  the  Senate  take  order  as  to  appearance;  but  in  only  one 
case  has  the  parliamentary  law  as  to  sequestration  and  committal  been 
followed  (III,  2118,  2296),  later  inquiry  resulting  in  the  conclusion 
that  the  Senate  had  no  power  to  take  into  custody  the  body  of  the 
accused  (III,  2324,  2367).  Having  delivered  the  impeachment  the 
committee  return  to  the  House  and  report  verbally  (III,  2413,  2446; 
VI,  501). 

Process.  If  the  party  do  not  appear,  proclamations 
§  BOS.  The  ™t  are  to  be  issued,  giving  him  a  day  to  ap- 
ap^^of0'  Pear-  On  their  ^urn  they  are  strictly 
respondent.  examined.  If  any  error  be  found  in 

them,  a  new  proclamation  issues,  giving  a  short  day. 
If  he  appear  not,  his  goods  may  be  arrested,  and  they 
may  proceed.  Seld.  Jud.,  98,  99. 


[291] 


JEFFERSON'S  MANUAL. 

§§  609,  610. 

The  managers  for  the  House  of  Representatives  attend  in  the  Senate 
after  the  articles  have  been  exhibited  and  demand  that  process  issue  for 
the  attendance  of  respondent  (III,  2451,  2478),  after  which  they  return 
and  report  verbally  to  the  House  (III,  2423,  2451;  VI,  501).  The 
Senate  thereupon  issue  a  writ  of  summons,  fixing  the  day  of  return 
(III,  2423,  2451) ;  and  in  a  case  wherein  the  respondent  did  not  appear 
by  person  or  attorney  the  Senate  published  a  proclamation  for  him  to 
appear  (III,  2393).  But  the  respondent's  goods  were  not  attached. 

Articles.     The  accusation  (articles)  of  the  Com- 
mons is   substituted   in   place   of  an 

§  609.  Exhibition  .  f 

and  form  of  indictment.     Thus,   by  the   usage  of 

articles.  Parliament,  in  impeachment  for  writing 

or  speaking,  the  particular  words  need  not  be  speci- 
fied. Sack.  Tr.,  825;  2  Wood.,  602,  605;  Lords' 
Journ.,  3  June,  1701;  1  Wms.,  616. 

The  House  of  Representatives  exhibits  its  articles  after  the  impeach- 
ment has  been  carried  to  the  bar  of  the  Senate.  The  managers,  who  are 
elected  by  the  House  (III,  2300,  2345,  2417,  2448)  or  appointed  by  the 
Speaker  (III,  2388,  2475),  carry  the  articles  in  obedience  to  a  resolution 
of  the  House  (III,  2417,  2419,  2448)  to  the  bar  of  the  Senate  (III,  2420, 
2449,  2476),  the  House  having  previously  informed  the  Senate  (III, 
2419,  2448)  and  received  a  message  informing  them  of  the  readiness  of 
the  latter  body  to  receive  the  articles  (III,  2078,  2325,  2345) .  Having 
exhibited  the  articles  the  managers  return  and  report  verbally  to  the 
House  (III,  2449,  2476).  The  articles  in  the  Belknap  impeachment 
were  held  sufficient,  although  attacked  for  not  describing  the  respondent 
as  one  subject  to  impeachment  (III,  2123).  These  articles  are  signed 
by  the  Speaker  and  attested  by  the  Clerk  (III,  2302,  2449),  and  in  form 
approved  by  the  practice  of  the  House  (III,  2420,  2449,  2476). 

Appearance.  If  he  appear,  and  the  case  be 
§  eio.  Pariia-  capital,  he  answers  in  custody;  though 
^^^rto  n°*  if  the  accusation  be  general.  He 
respondent.  fc  -^  fo  fa  committed  but  on  special 

accusations.     If  it  be  for  a  misdemeanor  only,  he 

[292] 


JEFFERSON'S  MANUAL 

§611. 

answers,  a  lord  in  his  place,  a  commoner  at  the 
bar,  and  not  in  custody,  unless,  on  the  answer, 
the  Lords  find  cause  to  commit  him,  till  he  finds 
sureties  to  attend,  and  lest  he  should  fly.  Seld. 
Jud.}  98,  99.  A  copy  of  the  articles  is  given  him, 
and  a  day  fixed  for  his  answer.  T.  Ray.;  1  Rushw., 
268;  Post,  232;  1  Clar.  Hist,  of  the  Reb.,  379.  On  a 
misdemeanor,  his  appearance  may  be  in  person,  or 
he  may  answer  in  writing,  or  by  attorney.  Seld. 
Jud.}  100.  The  general  rule  on  accusation  for  a 
misdemeanor  is,  that  in  such  a  state  of  liberty  or 
restraint  as  the  party  is  when  the  Commons  com- 
plain of  him,  in  such  he  is  to  answer.  76.,  101. 
If  previously  committed  by  the  commons,  he  an- 
swers as  a  prisoner.  But  this  may  be  called  in  some 
sort  judicium  parium  suorum.  Ib.  In  misdemeanors 
the  party  has  a  right  to  counsel  by  the  common 
law,  but  not  in  capital  cases.  Seld.  Jud.,  102,  105. 

This  paragraph  of  the  parliamentary  law  is  largely  obsolete  so  far  as 
§  en.  Require-  *^e  practice  of  the  House  of  Representatives  and  the 

mentsof  the  Senate  are  concerned.    The  accused  may  appear  in 

Senate  as  to  person  or  by  attorney  (III,  2127,  2349,  2424),  or  he 

*^™^tof  may  not  appear  at  all  (III,  2307,  2333,  2393).     In 

case  he  does  not  appear  the  House  does  not  ask  that 
he  be  compelled  to  appear  (III,  2308) ,  but  the  trial  proceeds  as  on  a  plea 
of  "not  guilty."  It  has  been  decided  that  the  Senate  has  no  power  to 
take  into  custody  the  body  of  the  accused  (III,  2324,  2367).  The  writ 
of  summons  to  the  accused  recites  the  articles  and  notifies  him  to  appear 
at  a  fixed  time  and  place  and  file  his  answer  (III,  2127).  In  all  cases 
respondent  may  appear  by  counsel  (III,  2129),  and  in  one  trial,  when  a 
petition  set  forth  that  respondent  was  insane,  the  counsel  of  his  son  was 
admitted  to  be  heard  and  present  evidence  in  support  of  the  petition, 
but  not  to  make  argument  (III,  2333). 

62581°— H.  Doc.  459,  86-2 20       [293] 


§5  612*  613. 

Answer.  The  answer  need  not  observe  great 
§612.  Answer  of  strictness  of  form.  He  may  plead 
respondent.  guilty  as  to  part,  and  defend  as  to  the 

residue;  or,  saving  all  exceptions,  deny  the  whole  or 
give  a  particular  answer  to  each  article  separately. 
1  Rush.,  274;  ^  Rush,,  1374;  1%  Parl.  Hist.,  442;  3 
Lords'  Journ.,  13  Nov.,  1643;  %  Wood.,  607.  But  lie 
cannot  plead  a  pardon  in  bar  to  the  impeachment. 
*  Wood,,  615;  2  St.  Tr.,  735. 

The  answer  of  the  President  took  up  the  articles  one  by  one,  denying 
some  of  the  charges,  admitting  others  but  denying  that  they  set  forth 
impeachable  offenses,  and  excepting  to  the  sufficiency  of  others  (III, 
2428).  The  form  of  this  answer  was  commented  on  during  preparation 
of  the  replication  in  the  House  (III,  2431).  Blount  and  Belknap  de- 
murred to  the  charges  on  the  ground  that  they  were  not  civil  officers 
within  the  meaning  of  the  Constitution  (III,  2310,  2453),  and  Swayne 
also  raised  questions  as  to  the  jurisdiction  of  the  Senate  (III,  2481). 
The  answer  is  part  of  the  pleadings,  and  exhibits  in  the  nature  of 
evidence  may  not  properly  be  attached  thereto  (III,  2124). 

Replication,  rejoinder,  &c.  There  may  be  a  repli- 
sew.  other  cation,  rejoinder,  &c.  Sel.  Jud.,  114; 

pleadings.  8   (fray's   £)6^    2SS;    Sack.    Tr.,    15; 

Journ.  H.  of  Commons,  6  March,  1640-1. 

A  replication  is  always  filed,  and  in  one  instance  the  pleadings 
proceeded  to  a  rejoinder,  surrejoinder,  and  similiter  (III,  2455).  A 
respondent  has  also  filed  a  protest  instead  of  pleading  on  the  merits 
(III,  2461),  but  there  was  objection  to  this  and  the  Senate  barely 
permitted  it.  In  another  case  respondent  interposed  a  plea  as  to 
jurisdiction  of  offenses  charged  in  certain  articles,  but  declined  to  admit 
that  it  was  a  demurrer  with  the  admissions  pertinent  thereto  (III, 
2125,  2431).  In  the  Belknap  trial  the  House  was  sustained  in  averring 
in  pleadings  as  to  jurisdiction  matters  not  averred  in  the  articles  (III, 
2123).  The  right  of  the  House  to  allege  in  the  replication  matters  not 
touched  in  the  articles  has  been  discussed  (III,  2457). 

[294] 


JEFFERSON'S  MANUAL 

§§  614,  615. 

Witnesses.  The  practice  is  to  swear  the  witnesses 
§614.  Examina-  i&  open  House,  and  then  examine  them 
tion  of  witnesses.  there;  or  a  committee  may  be  named, 
who  shall  examine  them  in  committee,  either  on  inter- 
rogatories agreed  on  in  the  House,  or  such  as  the 
committee  in  their  discretion  shall  demand.  Seld. 
Jud.,  120,  123. 

In  trials  before  the  Senate  witnesses  have  always  been  examined  in 
open  Senate,  and  never  by  a  committee,  although  such  procedure  has 
been  once  suggested  (III,  2217). 

Jury.     In  the  case  of  Alice  Pierce,  1  R.,  2,  a  jury 
was  impaneled  for  her  trial  before  a 

§  615.  Relation  .  r 

of  jtity  trial  to          committee,     Seld.  Jud.,  123.    But  this 

impeachment,  i     •      ,  .  •  i 

was  on  a  complaint,  not  on  impeach- 
ment by  the  Commons.  Seld.  Jud.,  168.  It  must 
also  have  been  for  a  misdemeanor  only,  as  the  Lords 
spiritual  sat  in  the  case,  which  they  do  on  misde- 
meanors, but  not  in  capital  cases.  Id.,  148.  The 
judgment  was  a  forfeiture  of  all  her  lands  and  goods. 
Id.,  188.  This,  Selden  says,  is  the  only  jury  he  finds 
recorded  in  Parliament  for  misdemeanors;  but  he 
makes  no  doubt,  if  the  delinquent  doth  put  himself 
on  the  trial  of  his  country,  a  jury  ought  to  be  impan- 
eled, and  he  adds  that  it  is  not  so  on  impeachment 
by  the  Commons,  for  they  are  in  loco  proprio,  and 
there  no  jury  ought  to  be  impaneled.  Id.,  124-  The 
Ld.  Berkeley,  6  E.,  3,  was  arraigned  for  the  murder 
of  L.  2,  on  an  information  on  the  part  of  the  King, 
and  not  on  impeachment  of  the  Commons;  for  then 


[295] 


JEITERSON'S  MANUAL, 

§616. 

they  had  been  patria  sua.  He  waived  his  peerage, 
and  was  tried  by  a  jury  of  Gloucestershire  and  War- 
wickshire. Id.,  126.  In  1  H.,  7,  the  Commons  pro- 
test that  they  are  not  to  be  considered  as  parties  to 
any  judgment  given,  or  hereafter  to  be  given  in  Par- 
liament. Id.,  133.  They  have  been  generally  and 
more  justly  considered,  as  is  before  stated,  as  the 
grand  jury;  for  the  conceit  of  Selden  is  certainly  not 
accurate,  that  they  are  the  patria  sua  of  the  accused, 
and  that  the  Lords  do  only  judge,  but  not  try.  It  is 
undeniable  that  they  do  try;  for  they  examine  wit- 
nesses as  to  the  facts,  and  acquit  or  condemn,  accord- 
ing to  their  own  belief  of  them.  And  Lord  Hale  says, 
"the  peers  are  judges  of  law  as  well  as  of  fact;" 
2  Hale,  P.  C.,  275;  consequently  of  fact  as  well  as  of 
law. 

No  jury  trial  is  possible  as  part  of  an  impeachment  trial  under  the 
Constitution  (III,  2313). 

Presence  of  Commons.    The  Commons  are  to  be 
§€is.  Attendance      present  at  the  examination  of  witnesses. 


of  the  commons.  ge^  Jud.,  124.  Indeed,  they  are  to 
attend  throughout,  either  as  a  committee  of  the  whole 
House,  or  otherwise,  at  discretion,  appoint  managers 
to  conduct  the  proofs.  Rushw.  Tr.  of  Straff.,  37; 
Com.  Journ.,  4  Feb.,  1709-10;  2  Wood.,  614.  And 
judgment  is  not  to  be  given  till  they  demand  it. 
Seld.  Jud.,  124^  But  they  are  not  to  be  present  on 
impeachment  when  the  Lords  consider  of  the  answer 
or  proofs  and  determine  of  their  judgment.  Their 

[296] 


JEOBTERSON'S  MANUAL 

§§  617,  618. 

presence,  however,  is  necessary  at  the  answer  and 
judgment  in  case  capital  Id.,  58,  158,  as  well  as  not 
capital;  iff*.  *  *  *. 

The  House  of  Representatives  has  consulted  its  own  inclination  and 
convenience  about  attending  its  managers  at  an 
impeachment.  It  did  not  attend  at  all  in  the  trials 
of  Blount»  Swayne,  and  Archbald  (III,  2318,  2483)  ; 
and  after  attending  at  the  answer  of  Belknap, 
decided  that  it  would  be  represented  for  the  remainder  of  the  trial  by 
its  managers  alone  (III,  2453).  At  the  trial  of  the  President  the 
House,  in  Committee  of  the  Whole,  attended  throughout  the  trial 
(III,  2427),  but  this  is  exceptional.  In  the  Peck  trial  the  House 
discussed  the  subject  (III,  2377)  and  reconsidered  its  decision  to  attend 
the  trial  daily  (III,  2028).  While  the  Senate  is  deliberating  the  House 
does  not  attend  (III,  2435) ;  but  when  the  Senate  votes  on  the  charges, 
as  at  the  other  open  proceedings  of  the  trial,  it  may  attend  (III,  2338, 
2383,  2440).  While  it  has  frequently  attended  in  Committee  of  the 
Whole,  it  may  attend  as  a  House  (III,  2338). 

*     *     *    The  Lords  debate  the  judgment  among 
themselves.     Then   the   vote  is   first 

§618.  Voting  on 

the  articles  m  an  taken  on  the  question  of  guilty  or  not 
impeachment  trial,  g^ty.  and  if  they  convict,  the  ques- 
tion, or  particular  sentence,  is  out  of  that  which 
seemeth  to  be  most  generally  agreed  on.  Seld.  Jud., 
167;  2  Wood.,  612. 

The  question  in  judgment  in  an  impeachment  trial  has  occasioned 
contention  hi  the  Senate  (III,  2339,  2340),  and  in  the  trial  of  the  Presi- 
dent the  form  was  left  to  the  Chief  Justice  (III,  2438,  2439).  In  the 
Belknap  trial  there  was  much  deliberation  over  this  subject  (III,  2466). 
In  the  Chase  trial  the  Senate  modified  its  former  rule  as  to  form  of  final 
question  (III,  2363).  The  yeas  and  nays  are  taken  on  each  article 
separately  (III,  2098,  2339) ,  but  in  the  trial  of  the  President  the  Senate, 
by  order,  voted  on  the  articles  in  an  order  differing  from  the  numerical 
order  (III,  2440),  adjourned  after  voting  on  one  article  (III,  2441),  and 
adjourned  without  day  after  voting  on  three  of  the  eleven  articles 

[297] 


§619. 

(Ill,  2443).     After  a  conviction  the  Senate  votes  on  the  punishment 
(III,  2339,  2397). 

Judgment.    Judgments  in  Parliament,  for  death, 
§619.  Judgment  in     have  been  strictly  guided  per  legem 
impeachments.        terrse,  which  they  can  not  alter;  and 
not  at  all  according  to  their  discretion.     They  can 
neither  omit  any  part  of  the  legal  judgment  nor  add 
to  it.    Their  sentence  must  be  seeundum  non  ultra 
legem.    Sett.  Jud.,  168,  171.     This  trial,  though  it 
varies  in  external  ceremony,  yet  differs  not  in  essen- 
tials from  criminal  prosecutions  before  inferior  courts. 
The  same  rules  of  evidence,  the  same  legal  notions  of 
crimes  and  punishments,   prevailed;   for  impeach- 
ments are  not  framed  to  alter  the  law,  but  to  carry 
it  into  more  effectual  execution  against  too  powerful 
delinquents.     The  judgment,  therefore,  is  to  be  such 
as  is  warranted  by  legal  principles  or  precedents. 
6  Sta.  Tr.,  14;  2  Wood.,  611.     The  Chancellor  gives 
judgment  in  misdemeanors;  the  Lord  High  Steward 
formerly  in  cases  of  life  and  death.     Seld.  Jud.,  180. 
But  now  the  Steward  is  deemed  not  necessary.    Post., 
144;  ^  Wood.,  613.     In  misdemeanors  the  greatest 
corporal  punishment  hath  been  imprisonment.    Seld. 
Jud,,  184.    The  King's  assent  is  necessary  to  capital 
judgments  (but  *  Wood.,  614,  contra),  but  not  in 
misdemeanors.    Seld.  Jud.,  186.     , 

TJie  Constitution  of  the  United  States  (Art.  I,  sec,  3,  par.  7)  limits  the 
judgment  to  removal  and  disqualification. 


F298] 


JEFFERSON'S  MANUAL 

§620. 

Continuance.  An  impeachment  is  not  discontinued 
§  620.  impeach-  by  the  dissolution  of  Parliament,  but 
S^pted  by  may  be  resumed  by  the  new  Parliament . 
adjournments.  T.  Ray  383;  4  Com.  Journ.,  23  Dec., 
1790;  Lords'  Jour.,  May  15,  1791;  2  Wood.,  618. 

In  Congress  impeachment  proceedings  are  not  discontinued  by  a 
recess  (III,  2299,  2304,  2344,  2375,  2407,  2505);  and  the  Pickering 
impeachment  was  presented  in  the  Senate  on  the  last  day  of  the 
Seventh  Congress  (III,  2320);  and  at  the  beginning  of  the  Eighth 
Congress  the  proceedings  went  on  from  that  point  (III,  2321).  But 
an  impeachment  may  proceed  only  when  Congress  is  in  session  (III, 
2006,2462). 


[299] 


BULES  OF  THE  HOUSE  OF  EEPEESEITATIYE8 

WITH 

NOTES  AND  ANNOTATIONS. 


(301] 


Rule  L  §  $21. 

RULES  OF  THE  HOUSE  OP  REPRESENTATIVES,  WITH  NOTES 
AND  ANNOTATIONS* 


RULE  I. 

DUTIES  OF  THE   SPEAKER, 

1.  The  Speaker  shall  take  the  chair  on  every 
§62i.  caiimg  the  legislative  day  precisely  at  the  hour  to 

^°d^gdo/ihe  which  the  H°use  sh^u  have  adjourned 
journal,  at  the  last  sitting,  immediately  call  the 

Members  to  order,  and  on  the  appearance  of  a 
quorum,  cause  the  Journal  of  the  proceedings  of  the 
last  day's  sitting  to  be  read,  having  previously  ex- 
amined and  approved  the  same. 

This  rule  was  adopted  in  1789  and  perfected  in  1811  and  1824  (II, 
1310). 

The  hour  of  meeting  is  usually  12  m,,  fixed  by  standing  order  (I,  104- 
109,  116,  117;  IV,  4325).  Immediately  after  the  Members  are  called 
to  order  prayer  is  offered  by  the  Chaplain  (IV,  3056),  and  the  Speaker 
declines  to  entertain  a  point  of  no  quorum  before  prayer  is  offered  (VI, 
663).  The  presence  of  a  quorum  is  ascertained,  after  the  prayer,  if  a 
question  be  raised  (IV,  2733;  VI,  625);  and  after  the  raising  of  the 
question  the  reading  of  the  Journal  must  await  the  ascertainment 
(IV,  2732,  2927;  VI,  625,  629).  A  point  of  no  quorum  may  be  made 
at  any  time  before  reading  is  completed  (VI,  624).  The  reading  of  the 
Journal  may  not  be  dispensed  with  except  by  unanimous  consent 
(VI,  625)  or  a  motion  or  other  action  to  suspend  the  rules  (IV,  2747- 
2750),  and  must  be  in  full  when  demanded  by  any  Member  (IV,  2739- 
2741;  VI,  627,  628;  Feb.  22,  1950,  p.  2152),  but  demand  comes  too 
late  after  Journal  is  approved  (VI,  626).  The  Journal  of  the  last 
day  of  a  session  is  not  read  on  the  first  day  of  the  next  session  (IV, 
2742) .  Business  is  not  transacted  before  the  reading  (IV,  2751-2756;  VI, 
629,  630,  637),  but  the  simple  motion  to  adjourn  is  admitted  (IV,  2757) 


RULES   Or  THE   HOUSE    OF   REPRESENTATIVES 
§§622.623.  Rule  I. 

and  a  Member  may  be  sworn  in  (I,  172).  The  reading  may  not  be 
interrupted,  even  by  business  so  highly  privileged  as  a  conference 
report  (V,  6443;  Rule  XXVIII);  nor  may  a  conference  report  be  con- 
sidered before  the  Journal  is  read  (VI,  630)  ;  but  a  parliamentary  inquiry 
(VI,  624),  a  point  of  no  quorum  (VI,  624),  or  an  arraignment  of  im- 
peachment may  interrupt  (VI,  469);  and  in  cases  of  disorder  the 
reading  is  suspended  (II,  1630;  IV,  2759).  The  Speaker's  examination 
and  approval  of  the  Journal  is  preliminary  to  the  reading,  and  does 
not  preclude  subsequent  amendment  and  approval  by  the  House 
itself  (IV,  2734r-2738).  A  motion  to  amend  takes  precedence  of  a 
motion  to  approve  (IV,  2760;  VI,  633),  but  the  motion  is  not  admissible 
after  previous  question  is  demanded  on  motion  to  approve  (IV,  2770; 
VI,  633;  VIII,  2684). 

2.  He  shall  preserve  order  and  deco- 
.  „  a    ,  rum,  and,  in  case  of  disturbance  or  dis- 

§  622.  Speaker 

preserves  order         orderly  conduct  in  the  galleries,  or  in 

on  floor  and  in  ,1111  it  ji 

the  lobby,  may  cause  the  same  to  be 


lobby-  cleared. 

This  rule  was  adopted  in  1789  and  amended  in  1794  (II,  1343). 

The  Speaker  may  name  a  Member  who  is  disorderly,  but  may  not,  of 
his  own  authority,  censure  or  punish  him  (II,  1344,  1345;  VI,  237).  In 
cases  of  extreme  disorder  in  Committee  of  the  Whole  the  Speaker  has 
taken  the  chair  and  restored  order  without  a  formal  rising  of  the  com- 
mittee (II,  1348,  1648-1653,  1657).  In  an  early  instance  the  Speaker 
ordered  the  arrest  of  a  person  in  the  gallery;  but  this  exercise  of  power 
was  questioned  (II,  1605). 

3.  He  shall  have  general  control,  except  as  provided 
§  623.  speakers  by  rule  or  law,  of  the  Hall  of  the  House, 
^t°irridira,  and  of  the  corridors  and  passages  and 
and  rooms.  -fl^  diSpOSai  of  the  unappropriated 

rooms  in  that  part  of  the  Capitol  assigned  to  the 
use  of  the  House;  until  further  order. 

This  rule  was  adopted  in  1811  and  amended  in  1824,  1885  (II,  1354), 
and  Aprils,  1911  (VI,  261). 

Control  of  the  appropriated  rooms  in  the  House  portion  of  the  Capitol 
is  exercised  by  the  House  itself  (V,  7273-7279),  but  repairs  and  altera- 
tions have  been  authorized  by  statute  (V,  7280-7281;  59  Stat.  472). 

[304] 


RULES  OF    THE    HOUSE    OF   KEPRESENTATTFES 
Rule  I.  55  624-627. 

4.  He  shall  sign  all  acts,  addresses,  joint  resolu- 
§624.  speakers  tions,  writs,  warrants,  and  subpenas  of, 

SSSI^SU  or  ^sued  by  order  of>  the  House>  **d 
etc.;  and  decision  decide  all  questions  of  order,  subject  to 

of  questions  of  _     ,  i%/ri  1-1 

order  subject  to  an  appeal  by  any  Member,  on  which 
appeal"  appeal  no  Member  shall  speak  more 

than  once,  unless  by  permission  of  the  House. 

The  portion  of  this  rule  relating  to  decisions  on  points  of  order  was 
adopted  in  1789  and  amended  in  1811;  and  the  portion  relating  to  the 
signing  of  acts,  etc.,  was  adopted  in  1794  (II,  1313). 

Enrolled  bills  are  signed  first  by  the  Speaker  (I V,  3429) .  He  declines 
to  sign  in  the  absence  of  a  quorum  (IV,  3458),  or 
pending  a  motion  to  reconsider  (V,  5705);  and  the 
report  of  a  committee  as  to  the  accuracy  of  the 
enrollment  is  first  submitted,  unless,  as  in  rare  instances  only,  the 
House  by  consent  waives  the  requirement  (IV,  3452).  In  cases  of 
error  the  House  has  permitted  the  Speaker's  signature  to  be  vacated 
(IV,  3453,  3455-3457;  VII,  1077-1080). 

Warrants,  subpenas,  etc.,  during  recesses  of  Congress  are  signed  only 
by  authority  specially  given  (III,  1753,  1763,  1806). 
The  issuin&  of  warrants  must  be  specially  authorized 
^y  ^Q  House  (I,  287) .  Instance  wherein  the  House 
authorized  the  Speaker  to  issue  warrant  for  the 
arrest  of  absentees  (VI,  638).  The  Speaker  also  signs  the  articles, 
replications,  etc.,  in  impeachments  (III,  2370,  2455);  and  certifies 
cases  of  contumacious  witnesses  for  action  by  the  courts  (III,  1691, 
1769;  VI,  385). 

The  Speaker  may  require  that  a  question  of  order  be  presented  in 
.^  ^_  writing  (V,  6865).  He  is  not  required  to  decide  a 

§  627.  Practice  ,.  '        ,.        ,,  ,     ,  /*     ,,  ,. 

governing  the  question  not  directly  presented  by  the  proceedings 

Speaker  in  (II,  1314),  and  it  is  not  his  duty  to  decide  a  hypo- 

deciding  points  thetical  question  (VI,  249,  253).     Debate  being  for 

of  order.  his  intonation  is  within  his  discretion  (V,  6919, 

6920;  VIII,  3446-3448).  He  is  constrained  to  give  precedent  its 
proper  influence  (II,  1317;  VI,  248);  and  his  decisions  may  be  reex- 
amined  and  reversed  (IV,  4637).  Preserving  the  authority  and 
binding  force  of  parliamentary  law  is  as  much  the  duty  of  each  Mem- 
ber of  the  House  as  it  is  the  duty  of  the  Chair  (VII,  1479).  The 

[305] 


RTJLES   OF  THE   HOUSE   OF  REPRESENTATIVES 
§628.  Rale  I. 

Speaker's  decisions  are  recorded  in  the  Journal  (IV,  2840,  2841),  but 
responses  to  parliamentary  inquiries  are  not  so  recorded  (IV,  2842). 
Questions  arising  during  a  division  are  decided,  peremptorily  (V,  5926), 
and  when  they  arise  out  of  any  other  question  must  be  decided  before 
tijat  question  (V,  6864).     The  Speaker  may  recognize  and  respond  to  a 
parliamentary  inquiry  although  the  previous  question  may  have  been 
demanded  (Speaker  pro  tern.  Snell,   Mar,  27,    1926,  p.   6469),    In 
rare  instances  the  Speaker  declines  to  rule  until  he  has  taken  time  for 
examination  of  the  question  (III,  2725;  VI,  432;  VII,  2106;  VIII, 
2174,  2396,  3475),  and  on  occasion  the  Chair  has  reversed  as  erroneous 
decisions  previously  made  (VI,  639;  VII,  849;  VIII,  2794,  3435).     He 
rarely  submits  a  question  directly  to  the  House  for  its  decision  (IV, 
3173,  3282,  4930;  V,  5014,  5323,  6701;  VI,  49;  Speaker  Longworth, 
Apr.  8,  1926,  p.  7148),  or  of  his  own  initiative  raises  and  submits  a 
question  (II,  1277,  1315,  1316;  VIII,  3405).     Even  as  to  questions 
of  privilege  he  usually,  in  later  practice,  makes  a  preliminary  decision 
instead  of  submitting  the  question  directly  to  the  House  (III,  2648, 
2649,  2650,  2654,  2678).     He  does  not  decide  on  the  legislative  or 
legal  effect  of  propositions  (II,  1274,  1323,  1324;  VI,  254;  VII,  2112; 
VIII,  2280,  2.841),  on  the  consistency  of  proposed  action  with  other 
acts  of  the  House  (II,  1327^-1336>  VII,  2112,  2136;  VIII,  3237,  3458), 
whether  Members  have  abused  leave  to  print  (V,  6998-7000;  VIII, 
3475),  on  the  constitutional  powers,  of  the  House  (II,  1255,  1318-1320, 
1490;  IV,  3507;  VI,  250,  251;  VIII,  2225,  3031,  3071,  3427;  July  21, 
1947,  pp.  9522,  9551;  May  13,  1948,  p,  5817),  on  the  propriety  or 
expediency  of  a  proposed  course  of  action  (II,  1275,  1325,  1326,  1337; 
IV,  3091-3093,  3127),  consider  contingencies  which  may  arise  in  the 
future  (VII,  1409),  or  take  cognizance  of  complaints  relating  to  pairs 
(VIII,  3087).    He  passes  on  the  validity  of  conference  reports  (V,  6409, 
6410,  6414-6416;  VIII,  3256,  3264),  but  not  on  the  sufficiency  of  the 
accompanying  statements  as  distinguished  from  the  form  (V,  6511- 
6513),  or  on  question  of  whether  conference  report  violates  instructions 
of  the  House  (V,  6395;  VIII,  3246).    As  to  reports  of  committees,  he 
does  not  decide  as  to  their  sufficiency  (II,  1339;  IV,  4653),  or  usually 
as  to  whether  or  not  the  committee  has  followed  instructions  (II,  1338; 
IV,  4404,  4689);  or  on  matters  arising  in  Committee  of  the  Whole 
(V,  6927,  6928,  6932-6937) ;  but  he  has  decided  as  to  the  validity  of  the 
authorization  of  a  report  (IV,  4592,  4593). 

The  right  of  appeal  insures  the  House  against  the  arbitrary  control  of 
*ke  Speaker  and  can  not  be  taken  away  from  the 
House  (V>  600^  >' but  aPPe*ls  may  not  be  entertained 
from  responses  to  parliamentary  inquiries  (V,  6955; 
VIII,  3457);  when  dilatory  (V,  5715-.5722;  VIII,  2832);  from  decisions 

[306] 


RULES   OF  IKE  HOtTSE   OP  BEPRESENTATIVES 
BnleL  §5629,630. 

on  recognition  (II,  1425-1428;  VI,  292;  VIII,  2429,  2646,  2762);  from 
decisions  on  dilatoriness  of  motions  (V,  5731) ;  while  another  appeal  is 
pending  (V,  6939-6941) ;  on  a  question  on  which  an  appeal  has  just 
been  decided  (IV,  3036;  V,  6877) ;  between  the  motion  to  adjourn  and 
vote  thereon  (V,  5361) ;  during  a  call  of  the  yeas  and  nays  (V,  6051)  ; 
from  the  count  by  the  chair  of  the  number  rising  to  demand  tellers 
(VIII,  3105);  from  decision  refusing  recapitulation  of  a  vote  (VIII, 
3128) ;  from  a  decision  ruling  words  taken  down  out  of  order  (V,  6944). 
The  Speaker  may  vote  to  sustain  his  own  decision  (IV,  4569;  V,  5686, 
6956,  6957). 

The  appeal  may  be  debated  (VII,  1608;  VIII,  2347,  2375,  3453-3455) 
unless  the  motion  is  made  to  lay  on  the  table  (V,  5301),  or  the  previous 
question  is  ordered  (V,  5448,  5449).  An  appeal  from  a  decision  relating 
to  the  priority  of  business  (V,  6952),  or  irrelevancy  of  debate  (V, 
5056-5063)  is  not  debatable.  In  practice  a  Member  favorable  to  the 
ruling  usually  moves  to  lay  the  appeal  on  the  table,  thus  shutting  off 
debate.  A  motion  to  postpone  an  appeal  has  been  held  in  order  (VIII, 
2613).  Debate  in  the  House  is  under  the  hour  rule  (V,  4978),  but  may 
be  closed  at  any  time  by  the  adoption  of  a  motion  for  the  previous 
question  (V,  6947) ;  or  to  lay  on  the  table  (VIII,  3453).  Debate  on  an 
appeal  in  the  Committee  of  the  Whole  is  under  the  five-minute  rule 
(VII,  1608;  VIII,  2347,  2556a,  3454,  3455),  and  may  be  closed  by 
motion  to  close  debate  or  to  rise  and  report  (V,  6947,  6950;  VIII,  3453). 

5.  He  shall  rise  to  put  a  question,  but  may  state  it 
§629  putting  of  sitting;  and  shall  put  questions  in  this 
the  question  by  f orm,  to  wit:  "As  many  as  are  in  favor 
the  speaker.  ^  ^e  question  may  be) ,  say  Aye;"  and 

after  the  affirmative  voice  is  expressed,  "As  many  as 
*  *.  v  *.  -  are  opposed,  say  No;"  if  he  doubts,  or  a 

§  630.  Voting  viva  .    f-^      ••MI*  i          TT  i      -11 

voce,  by  division,  division  is  called  for,  the  House  shall 
and  by  tenets.  divide;  those  in  the  affirmative  of  the 
question  shall  first  rise  from  their  seats,  and  then 
those  in  the  negative;  if  he  still  doubts,  or  a  count  is 
required  by  at  least  one-fifth  of  a  quorum,  he  shall 
name  one  from  each  side  of  the  question  to  tell  the 

[307J 


RULES   OP   THE   HOTJSE   OP  REPRESENTATIVES 
§§631,632.  Rule  I. 

Members  in  the  affirmative  and  negative;  which 
being  reported,  he  shall  rise  and  state  the  decision. 

This  rule  was  adopted  in  1789,  -with  revision  and  amendment  in  1860 
and  1880  (II,  1311).  The  motion  as  stated  by  the  Chair  in  putting  the 
question  and  not  as  stated  by  the  Member  in  offering  the  motion,  is 
the  proposition  voted  on  (VI,  247). 

One  of  the  suppositions  on  which  parliamentary  law  is  founded  is 
that  the  Speaker  will  not  betray  his  duty  to  make  an  honest  count  on 
a  division  (V,  6002)  and  the  integrity  of  the  Chair  in  counting  a  vote 
has  never  been  questioned  in  the  House  (VIII,  3115). 

In  a  full  House  (total  membership  of  435),  tellers  are  ordered  by  44; 
in  Committee  of  the  Whole  by  20  (V,  5986).  The  right  to  demand 
tellers  is  not  precluded  by  the  fact  that  the  yeas  and  nays  have  been 
refused  (V,  5998;  VIII,  3103)  or  that  a  point  of  no  quorum  has  been 
made  against  a  division  vote  on  the  question  on  which  tellers  are 
requested  (VIII,  3104). 

It  is  the  duty  of  the  Member  to  serve  as  teller  when  appointed  by  the 
Chair  (V,  5987) ;  but  when  Members  of  one  side  have 
declined>  tae  second  teller  has  been  appointed  from 
of  thevote,  *^e  °^er  s^e  (V,  5988)  or  the  position  has  been  left 

vacant  (V,  5989).  A  Delegate  may  be  appointed 
teller  (II,  1302) .  Where  there  is  a  doubt  as  to  the  count  by  tellers  the 
Chair  may  order  the  vote  taken  again  (V,  5991;  July  19,  1946,  p.  9466), 
but  this  must  be  done  before  he  has  announced  the  result  (V,  5993-5995; 
VIII,  3098).  The  Chair  may  be  counted  without  passing  between  the 
tellers  (V,  5996,  5997;  VIII,  3100,  3101). 

6.  He  shall  not  be  required  to  vote  in  ordinary 
§632.  The  speakers  legislative  proceedings,  except  where 
rote.  Tie  vote,  j^g  yo^.Q  woui(j  j^  decisive,  or  where 

the  House  is  engaged  in  voting  by  ballot;  and  in 
cases  of  a  tie  vote  the  question  shall  be  lost. 

This  rule  was  adopted  in  1789,  with  amendment  in  1850  (V,  5964), 
and  1911. 

The  Speaker's  name  is  not  on  the  roll  from  which  the  yeas  and  nays  are 
called  (V,  5970)  and  is  not  called  unless  on  his  request  (V,  5965).  It  is 
then  called  at  the  end  of  the  roll  (V,  5965;  VIII,  3075),  the  Clerk  calling 
him  by  name.  The  Chair  may  vote  to  make  a  tie  and  so  decide  a  ques- 

[308] 


RULES   OP  JPHifl  HOUSE  OP  REPRESENTATIVES 

Rule  L  §5  633,  634. 

tion  in  the  negative,  as  he  may  vote  to  break  a  tie  and  decide  a  question 
in  the  affirmative  (VIII,  3100;  August  14,  1957,  p.  14783).  The  duty 
of  giving  a  decisive  vote  may  be  exercised  after  the  intervention  of 
other  business,  or  after  the  announcement  of  the  result  or  on  another 
day,  if  a  correction  of  the  roll  shows  a  condition  wherein  his  vote  would 
be  decisive  (V,  5969,  6061-6063;  VIII,  3075);  and  he  also  exercises  the 
right  to  withdraw  his  vote  in  case  a  correction  shows  it  to  have  been  un- 
necessary (V,  5971).  The  Speakers  have  the  same  right  as  other  Mem- 
bers to  vote  (V,  5966,  5967)  but  rarely  exercise  it  (V,  5964,  footnote). 
The  Chair  may  be  counted  on  a  vote  by  tellers  (V,  5996,  5997;  VIII, 
3100,  3101). 

7.  He  shall  havB  the  right  to  name  any  Member  to 
§633.  speaker  perform  the  duties  of  the  Chair,  but 
pro  tempore.  such  substitution  shall  not  extend  be- 

yond three  legislative  days:  Provided,  however,  That  in 
case  of  his  illness,  he  may  make  such  appointment  for 
a  period  not  exceeding  ten  days,  with  the  approval  of 
the  House  at  the  time  the  same  is  made;  and  in  his 
absence  and  omission  to  make  such  appointment,  the 
House  shall  proceed  to  elect  a  Speaker  pro  tempore 
to  act  during  his  absence. 

This  rule  was  adopted  in  1811,  and  amended  in  1876  (II,  1377)  and 
in  1920  (VI,  263). 

The  right  of  the  House  to  elect  a  Speaker  pro  tempore  in  the  absence 
§  634.  Election,  °^  *ke  Speaker  was  exercised  before  the  rule  was 

oath,  and  designa-  adopted  (II,  1405),  although  the  House  sometimes 
tion  of  Speaker  preferred  to  adjourn  (I,  179).  An  elected  Speaker 

pro  tempore.  pro  tempore  hi  the  earlier  practice  was  not  sworn 

(I,  229;  II,  1386);  but  the  Senate  and  sometimes  the  President  were 
notified  of  his  election  (II,  1386-1389,  1405-1412;  VI,  275).  He  signed 
enrolled  bills  and  appointed  committees,  functions  not  exercised  by  a 
Speaker  pro  tempore  by  designation  (II,  1399,  1400,  1404;  VI,  277), 
unless  the  designation  had- been  approved  by  the  House,  but  in  the  later 
practice  he  is  sworn  as  a  prerequisite  to  signing  enrolled  bills  (VI,  274). 


62581°— H.  Doc.  459,  86-2 21       [309] 


HOtTBE  OF 


A  call  of  the  House  may  take  place  with  a  Speaker  pro  tempore  in  the 
chair  (IV,  2989),  and  the  Speaker  pro  tempore  may  issue  his  warrant 
for  the  arrest  of  absent  members  under  a  call  of  the  House  (VI,  688). 
When  the  Speaker  is  not  present  at  the  opening  of  a  session,  he  des- 
ignates a  Speaker  pro  tempore  in  writing  (II,  1378,  1401),  but  he  does 
not  always  name  in  open  House  the  Member  whom  he  calls  to  the  chair 
temporarily  during  the  day's  sitting  (II,  1379,  1400).  A  Speaker  pro 
tempore  sometimes  designates  another  Speaker  pro  tempore  (II,  1384; 
VI,  275).  Members  of  the  minority  have  been  called  to  the  chair  on 
occasions  of  ceremony  (II,  1383;  VI,  270;  Jan.  31,  1951,  p.  779),  but  in 
rare  instances  on  other  occasions  (II,  1382,  1390;  III,  2596;  VI,  264). 

RULE  II. 

ELECTION  OF  OFFICERS. 

There  shall  be  elected  by  a  viva  voce  vote,  at  the 
§635.  Election  or  oommeac€sment  of  each  Congress,  to 
offlcers-  continue  in  office  until  their  successors 

are  chosen  <and  qualified,  a  Clerk,  Sergeant-at-Arms, 
Doorkeeper,  Postmaster,  and  Chaplain,  -each  -of  whom 
§636.  oath  ana  '^3^31  take  an  oath  to  support  the  Con- 
duties  or  officers.  stitution  of  the  United  States,  and  for 
the  true  and  faithful  discharge  of  the  duties  of  his  office 
to  the  best  of  his  knowledge  and  ability,  and  to  keep 
the  secrets  of  the  House:;  and  each  shall  appoint  all  of 
the  employees  of  his  department  provided  for  by  law. 

A  rudimentary  form  of  'this  rule  was  adopted  in  1789,  and  was 
amended  several  times  prior  to  1880,  when  it  assumed  its  present  form 
(I,  187).  The  House  having  discarded  a  theory  that  the  rules  might  be 
imposed  by  -one  House  on  its  successor  (V,  6743-6745),  it  follows  that 
this  rule  is  not  operative  at  the  organization.  The  House,  by  order  or 
usage,  elects  its  Speaker  viva  voce  on  :a  roll  call  .(I,  204,  208)  ;  but  the 
officers  mentioned  in  the  rule  are  usually  chosen  by  resolution,  which  is 
not  a  viva  voce  election  (I,  193,  194).  A  majority  vote  is  required  for 
the  election  of  officers  of  both  Houses  of  Congress  (VI,  23).  The  act 
of  1789  provides  that  the  oath  of  office  shall  be  administered  to  the 
Speaker  by  any  Member  and  by  the  Speaker  to  the  Clerk  (I,  130). 

[310] 


RULES    Off   TETE    HOUSE   OF  REPRESENTATIVES 
Rule  III.  §  637. 

The  Speaker  also  at  the  same  time  administers  the  oath  to  the  other 
elective  officers  (I,  81),  The  Member  of  longest  continuous  service 
in  the  early  practice  administered  the  oath  to  the  Speaker  (I,  131). 
However,  in  the  later  practice  the  Speaker  has  selected  the  Member  to 
administer  the  oath  (VI,  6,  7) .  The  requirement  that  the  officers  be 
sworn  to  keep  the  secrets  of  the  House  is  obsolete  (I,  187). 

The  House  has  declined  to  interfere  with  the  Clerk's  power  of  remov- 
ing his  subordinates  (I,  249).  Employees  under  the  Clerk  and  other 
officers  are  to  be  assigned  only  to  the  duties  for  which  they  are  ap- 
pointed (V,  7232).  The  Sergeant  at  Arms  having  died,  the  Clerk  was 
elected  by  the  House  to  serve  temporarily  also  as  Sergeant-at-Arms 
without  additional  compensation  (July  8,  1953,  p.  8242).  An  amend- 
ment to  the  Legislative  Reorganization  Act  of  1946  was  enacted  by 
the  Eighty-third  Congress  (2  U.  S.  C.  75a-l)  authorizing  temporary 
appointments  by  the  Speaker  to  fill  vacancies  in  the  offices  of  Clerk, 
Sergeant-at-Arms,  Doorkeeper,  Postmaster,  or  Chaplain.  Lyle  O. 
Snader,  who  was  serving  contemporaneously  as  Clerk  and  Sergeant- 
at-Arms,  having  resigned  as  Sergeant-at-Arms,  the  Speaker  appointed 
a  temporary  Sergeant-at-Arms  (January  6,  1954,  p.  8). 

RULE  III. 

DUTIES   OF   THE    CLEKK. 

1.  The  Clerk  shall,  at  the  commencement  of  the 
first  session  of  each  Congress,  call  the 

§  637.  Clerk's 

duties  at  Members  to  order,  proceed  to  call  the 

organization.  ro^  o£  jy^^^g  -fay  gtates  in  alpha- 

betical order,  and,  pending  the  election  of  a  Speaker 
or  Speaker  pro  tempore,  preserve  order  and  decorum, 
and  decide  all  questions  of  order  subject  to  appeal 
by  any  Member. 

This  rule  was  framed  in  1880,  on  a  basis  furnished  by  a  rule  of  1860 
(I,  64),  and  amended  in  1911. 

As  rules  are  not  usually  adopted  until  after  the  election  of  Speaker, 
this  rule  is  not  in  force  at  the  time  of  organization  of  a  new  House. 

The  procedure  at  organization  is,  however,  according  to  a  practice 
conforming  to  the  terms  of  the  rule  (I,  81). 

While  the  Speaker  ceases  to  be  an  officer  of  the  House  with  the 
expiration  of  a  Congress,  the  Clerk,  by  old  usage,  continues  in  a  new 
Congress  (I,  187,  188,  235,  244). 

[311] 


BULBS  OF  THE  HOUSE  OF  REPRESENTATIVES 
§§638-640. 

The  roll  of  Members  is  made  up  by  the  Clerk  from  the  credentials, 
in  accordance  with  a  provision  of  law  (I,  14-62- 
§638.  The  roil  of  y^  2;  2  ^  g-  a  26).  A  certificate  of  election 
Members-elect.  ^  due  form  Caving  been  fiie(j,  the  Clerk  placed  the 
name  of  the  Member-elect  on  the  roll,  although  he  was  subsequently 
advised  that  a  State  Supreme  Court  .had  issued  a  writ  restraining  the 
Secretary  of  State  from  issuing  such  certificate  (Jan.  3,  1949,  p.  8). 
The  call  of  the  roll  may  not  be  interrupted,  especially  by  one  not  on 
that  roll  (I,  84),  and  a  person  not  on  the  roll  may  not  be  recognized 
(I,  86).  A  motion  to  proceed  to  the  election  of  Speaker  is  of  higher 
privilege  than  a  motion  to  correct  the  roll  (I,  19-24) .  The  House  has 
declined  to  permit  enrollment  by  the  Clerk  to  be  final  as  to  prima  facie 
right  (I,  376,  589,  592). 

The  Clerk,  in  presiding  before  the  election  of  Speaker,  recognizes 
Members  (I,  74). 

The  Members-elect  have,  before  the  election  of  Speaker  or  adoption 
of  rules,  authorized  the  Clerk  and  Sergeant-at-Arms  of  the  last  House 
to  preserve  order  (I,  101) ;  but  usually  such  action  has  not  been  taken, 
although  an  occasion  might  arise  to  make  it  necessary  (I,  76,  77). 

In  early  years  the  authority  of  the  Clerk  to  decide  questions  of  order 

pending  the  election  of  a  Speaker  was  questioned 

§639.  Clerk  as  (^  $5)^  ^d  the  Clerks  often  declined  to  make  deci- 

presidlng officer  siong    ^    68_?2.   y^    5325)j    although  in   1855   Occur 

a  organization.  exceptions  to  this  theory  (I,  91).     But  in  1860  the 

provisions  of  the  present  rule  were  adopted  (I,  64),  with  a  further  rule 
that  the  rules  of  one  House  should  apply  in  the  organization  of  its 
successor  (V,  6743-6747);  and  under  this  arrangement  the  Clerks 
have  made  rulings  (I,  76,  77;  VI,  623).  In  1890  the  theory  that  the 
rules  of  one  House  may  be  made  binding  on  its  successor  was  over- 
thrown (V,  6747).  In  a  case  of  vacancy  arising  after  the  adoption  of 
rules,  this  rule  would  be  operative  and  conclude  questions  as  to  the 
Clerk's  authority.  The  Clerk  having  died,  and  in  the  absence  of  the 
Sergeant  at  Arms,  the  Doorkeeper  of  the  79th  Congress  presided  at 
organization  of  the  80th  Congress  (Jan.  3,  1947,  p.  33). 

2.  He  shall  make  and  cause  to  be  printed  and  de- 
§64o.  cierk  livered  to  each  Member,  or  mailed  to 

furnishes  a  list  of      his  address,  at  the  commencement  of 

reports. 

every  regular  session  of  Congress,  a  list 
of  the  reports  which  it  is  the  duty  of  any  officer  or 
Department  to  make  to  Congress,  referring  to  the  act 

[312] 


RTJUES   OF  THE  HOUSE  OP  KEPRESENTATTVES 
Rulem.  §§641-644 

or  resolution  and  page  of  the  volume  of  the  laws  or 
Journal  in  which  it  may  be  contained,  and  placing 
under  the  name  of  each  officer  the  list  of  reports  re- 
quired of  him  to  be  made. 

This  rule  was  adoped  in  1822  (I,  252). 

3.  He  shall  note  all  questions  of  order,  with  the 
§64i.  cierk»s  decisions  thereon,  the  record  of  which 

jo^i^d  sk*U  be  printed  as  an  appendix  to  the 

documents.  Journal  of  each  session;  and  complete, 

as  soon  after  the  close  of  the  session  as  possible,  the 
printing  and  distribution  to  Members  and  Delegates 
of  the  Journal  of  the  House,  together  with  an  ac- 
curate and  complete  index;  retain  in  the  library  at 
his  office,  for  the  use  of  the  Members  and  officers  of 
the  House,  and  not  to  be  withdrawn  therefrom,  two 
copies  of  all  the  books  and  printed  documents  de- 
posited there;  send,  at  the  end  of  each  session,  a 
printed  copy  of  the  Journal  thereof  to  the  executive 
and  to  each  branch  of  the  legislature  of  every  State 
and  Territory;  preserve  for  and  deliver  or  mail  to 
each  Member  and  Delegate  an  extra  copy,  in  good 
binding,  of  all  documents  printed  by  order  of  either 
House  of  the  Congress  to  which  he  belonged;  attest 
and  affix  the  seal  of  the  House  to  all  writs,  warrants, 
§642  Attests  and  an(^  subpenas  issued  by  order  of  the 
seals  warrants,  House,  certify  to  the  passage  of  all 
subpenas,  etc.  ^^  ^^  .  ^  resolutions,  make  or 

§  643.  Certifies  pas-  „  ,  ,  , 

sage  of  bins.  approve    all    contracts,    bargains,    or 

§644.  Makes  agreements  relative  to  furnishing  any 

contracts.  matter  or  thing,  or  for  the  perform- 

ance of  any  labor  for  the  House  of  Representatives, 

[313] 


RULES  OF  THE  HOUSE  OF  REJPKESENTATIVES 
§§645-647. 

in  pursuance  of  law  or  order  of  the  House,  keep  full 
§645.  Keeps  con-  and  accurate  accounts  of  the  disburse- 
tin*entand  ments  out  of  the  contingent  fund  of 

accounts.  the  House,  keep  the  stationery  account 

§646.  pays  office^  of  Members  and  Delegates,  and  pay 
and  employees.  ^em  as  provided  by  law.  He  shall 
pay  to  the  officers  and  employees  of  the  House  of 
Representatives  the  amount  of  their  salaries  that 
shall  be  due  them. 

4.  He  shall,  in  case  of  temporary  absence  or  dis- 
..*,/w..i,    *    ability,    designate    an    official    in   his 

§  647.  Official  to  act  "  11 

as  cierk  upon          office  to  sign  all  papers  that  may  re- 


quire the  official  signature  of  the  Glerk 
of  the  House,  and  to  do  all  other  acts,  except  such 
as  are  provided  for  by  statute,  that  may  be  required 
under  the  rules  and  practice  of  the  House  to  be  done 
by  the  Clerk.  Such  official  acts,  when  so  done  by 
the  designated  official,  shall  be  under  the  name  of 
the  Clerk  of  the  House*  The  said  designation  shall 
be  in  writing,  and  shall  be  laid  before  the  House 
and  entered  on  the  Journal. 

In  1880  several  rules,  adopted  at  different  periods  from  1794  to  1846, 
were  consolidated  into  this  rule;  which  was  amended  in  1892  (I,  251) 
and  January  3,  1953,  p.  16.  Section  4  was  adopted  January  18,  1912 
(VI,  25)  and  was  amended  January  3,  1953,  p.  16. 

Various  other  administrative  duties,  similar  to  those  specified  in  this 
rule,  are  imposed  on  the  Clerk  by  law  (I,  253;  Legislative  Reorganiza- 
tion Act  of  1946,  60  Stat.  812) ;  and  the  law  also  makes  it  his  duty  to 
furnish  stationery,  blank  books,  etc.,  to  the  committees  and  officers 
of  the  House  (V,  7322);  to  exercise  discretionary  authority  as  to 
reprinting  of  bills  and  documents  (V,  7319) ;  and  to  receive  and  print 
the  testimony  taken  in  election  contests  (I,  703,  705).  Form  of 

[314] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Bute  IV.  §§648,619. 

designation  of  a  Clerk  protempore  (VI,  26).  Instance  of  Clerk  serving 
temporarily  ako  as  Sergeant-at-Arms  (July  8,  1953,  p.  8242). 

RULE  IV. 

DUTIES  OF  THE  SERGEANT-AT-ARMS . 

1.  It  shall  be  the  duty  of  the  Sergeant-at-Arms  to 
§  648.  sergeant-  attend  the  House  during  its  sittings,  to 
Arms  enforces  maintain  order  under  the  direction  of 
authority House.  the  gpeaker  or  chairman,  and,  pending 

the  election  of  a  Speaker  or  Speaker  pro  tempore, 
under  the  direction  of  the  Clerk,  execute  the  com- 
mands of  the  House,  and  all  processes  issued  by 
§6*»  Disburses  authority  thereof,  directed  to  him  by 
pay a«d mileage  the  Speaker;  keep  the  accounts  for  the 
of  Members.  ^^  ^^  mileage  of  Members  and  Dele- 

gates, and  pay  them  as  provided  by  law. 

This  rule  was  adopted  in  1789,  with  additions  and  amendments  in 
1838,  1877,  1890  (I,  257),  and  April  5,  1911  (VI,  29). 

At  the  organization  of  the  House  in  a  new  Congress  the  election  of 
Speaker  occurs  before  the  adoption  of  rules.  Therefore  this  rule  is 
not  in  force  at  that  time,  and  in  case  of  necessity  a  special  rule  may  be 
adopted  conferring  the  authority,  as  was  done  in  1849  and  1859 
(I,  101,  102). 

Duties  are  imposed  on  the  Sergeant-at-Arms  by  law  (I,  258) :  Con- 
trol of  Capitol  police;  and  the  making  up  of  the  roll  of  Members-elect 
in  case  of  vacancy  in  the  office  of  Clerk,  or  the  absence  or  disability 
of  that  officer.  The  death  of  the  Sergeant-at-Arms  being  announced, 
the  House  passed  appropriate  resolutions  and  adjourned  as  a  mark  of 
respect  (VI,  32;  July  8,  1953,  p.  8263).  The  Clerk  having  died,  and 
in  the  absence  of  the  Sergeant-at-Arms,  the  Doorkeeper  of  the  79th 
Congress  presided  at  organization  of  the  80th  Congress  (Jan.  3,  1947, 
p,  33).  In  the  83d  Congress  the  Sergeant-at-Arms  having  died,  the 
Clerk  was  elected  to  serve  temporarily  both  as  Clerk  and  Sergeant-at- 
Arms  (July  8,  1953,  p.  8242) ,  and  upon  resignation  by  the  Clerk  from 
his  additional  position  of  Sergeant-at-Arms,  the  Speaker,  pursuant  to 
2  U.  S.  C.  75a-l,  appointed  a  temporary  Sergeant-at-Arms  (January 
6,  1954,  p.  8),  Instance  where  the  Senate  by  resolution  removed  its 
Sergeant-at-Arms  (VI,  37). 

B15JI 


RULES   OF  THE   HOUSE  OP  EEPEESENTATTVES 
§§  650-652.  RuleV. 

§650.  The  mace  2.  The  symbol  of  his  office  shall  be 

the  symbol  of         .^  mace  which  shall  be  borne  by  him 

the  Sergeant-at-  v  7  in 

Arms'  office  while  enforcing  order  on  the  floor. 

This  rule  was  adopted  in  1789  (II,  1346).  An  attempt  to  enforce 
order  without  the  mace  gave  rise  to  a  question  of  privilege  (II,  1347). 
Extreme  disorder  arising  on  the  floor,  the  Speaker  directed  the  Sergeant- 
at-  Arms  to  enforce  order  with  the  mace  (VI,  258;  VIII,  2530). 

RULE  V. 

DUTIES  OF  THE  DOORKEEPER. 

1.  The  Doorkeeper  shall  enforce  strictly  the  rules 

relating  to  the  privileges  of  the  Hall  and 

duties  of  the          be  responsible  to  the  House  for  the  offi- 


con(juct  of  j^  employees. 

This  rule  was  adopted  in  1838,  and  amended  in  1880  (I,  260). 

The  law  also  requires  of  the  Doorkeeper  certain  administrative  duties 
(I,  262)  :  Care  of  the  apartments  occupied  by  the  House;  custody  of 
furniture,  books,  etc.;  charge  of  the  documents  in  the  folding  and  docu- 
ment rooms;  supervision  of  janitor  service;  and  the  making  of  the  roll 
of  Members-elect  in  case  the  Clerk  and  Sergeant-at-Arms  are  unable  to 
perform  the  duty.  The  Clerk  having  died,  and  in  the  absence  of  the 
Sergeant-at-Arms,  the  Doorkeeper  of  the  79th  Congress  presided  at 
the  organization  of  the  80th  Congress  (Jan.  3,  1947,  p.  33)  . 

When  a  message  is  received  by  the  House,  the  Doorkeeper  introduces 
the  bearer  thereof  (V,  6591).  The  House  adopted  a  resolution  on 
the  death  of  the  Doorkeeper  and  appointed  a  committee  to  attend 
his  funeral  (Jan.  28,  1943,  p.  421,  422). 

2.  At  the  commencement  and  close  of  each  session 
§652.r>ookeeper  of  Congress  he  shall  take  an  inventory 
fS^^^.  of  all  the  furniture,  books,  and  other 
etc-  public  property  in  the  several  com- 

mittee and  other  rooms  under  his  charge,  and  report 


[316] 


RULES    OF   THE    HOUSE   OF  REPRESENTATIVES 
Rule  VI.  §§  653,  $54. 

the  same  to  the  House,  which  report  shall  be  referred 
to  the  Committee  on  House  Administration  to 
ascertain  and  determine  the  amount  for  which  he 
shall  be  held  liable  for  missing  articles. 

This  rule  was  adopted  in  1865,  and  amended  in  1880  (I,  261),  and 
Jan.  3,1947,  by  the  Legislative  Reorganization  Act  of  1946  (60  stat.  812). 

3.  He  shall  allow  no  person  to  enter  the  room  over 
§653.  The  DOOT-  the  Hall  of  the  House  during  its  sit- 
^ft^t^ized  tings;  and  fifteen  minutes  before  the 
persons.  hour  of  the  meeting  of  the  House  each 

day  he  shall  see  that  the  floor  is  cleared  of  all  persons 
except  those  privileged  to  remain,  and  kept  so  until 
ten  minutes  after  adjournment. 

This  rule  was  adopted  in  1869,  with  amendments  hi  1880  and  1890 
(V,  7295). 

RULE  VI. 

DUTIES   OF  THE   POSTMASTER. 

The  Postmaster  shall  superintend  the  post-office 
kept  in  the  Capitol  and  House  Office 

§  664.  The  Post-  \       .  f  . 

master  superintends  Building  for  the  accommodation  of 
the  House  post-office.  j^epregen^a^ves^  Delegates,  and  officers 

of  the  House,  and  be  held  responsible  for  the  prompt 
and  safe  delivery  of  their  mail. 

This  rule  was  adopted  in  1838,  with  amendment  in  1880  (I,  270), 
and  1911  (VI,  34).  The  law  requires  the  Postmaster  to  account  at  the 
first  of  each  regular  session  for  the  government  property  in  his  posses- 
sion (I,  271).  Form  of  resolution  adopted  by  the  House  on  the  death 
of  its  Postmaster  (Dec.  31,  1948,  p.  10269). 


[317] 


RttLES   0£  ME   ECOtJSE  O 
$§655-657.  Rules  Vn,Vffi. 

RULE  VII. 

DUTIES   OF   THE    CHAPLAIN. 

The  Chaplain  shall  attend  at  the  commencement 
§656.0««esofthe  of  each  day's  sitting  of  the  House  and 
chaplain.  Open  fae  sax&e  with  prayer, 


This  rule  was  adopted  in  1880  (I,  2-72),  but  the  sessions  of  the  House 
were  opened  with  prayer  from  the  first,  and  the  Chaplain  was  an  officer 
of  the  House  before  the  adoption  of  the  rule  (I,  273-282).  The  Chap- 
lain takes  the  oath  prescribed  for  the  officers  of  the  House  (VI,  31; 
Feb.  1,  1950,  p.  1311)  .  Prayer  by  the  Chaplain  is  not  business  requiring 
the  presence  of  a  quorum  and  the  Speaker  declines  to  entertain  a  point 
of  no  quorum  before  prayer  is  offered  (VI,  663)  .  Form  of  resignation 
of  the  Chaplain  (Feb.  28,  1921,  p.  4075;  Jan.  30,  1950,  p.  1097).  The 
election  of  a  Chaplain  emeritus  (VI,  31;  Jan.  30,  1950,  p.  1095). 

RULE  VIII. 

OF   THE    MEMBERS. 

1.  Every  Member  shall  be  present  within  the  Hall 
of  the  House  during  its  sittings,  unless 
excused  or  necessarily  prevented;  and 
present  and  vote.       $]&&[[  vote  on  each  question  put,  unless 
Lta^?1*0**1         h6  has  a  direct  personal  or  pecuniary 
interest  in  the  event  of  such  question. 

This  rule  was  adopted  in  1789,  with  amendment  in  1890  (V,  5941). 

Leaves  of  absence  are  presented  pending  the  motion  to  adjourn  (IV, 
3151),  and  are  usually  granted  by  general  consent,  but  sometimes  are 
opposed  or  even  refused  (II,  1142-1145).  Application  for  leave  of 
absence  is  properly  presented  by  filing  with  the  clerk  the  printed  form 
to  be  secured  at  the  desk  rather  than  by  oral  request  from  the  floor 
(VI,  199).  Whether  or  not  they  are  privileged  is  a  matter  of  doubt 
(II,  1146,  1147).  Excuses  for  absence,  as  distinguished  from  leaves  of 
absence,  may  be  granted  by  less  than  a  quorum  (IV,  3000-3002). 
The  statutes  provide  that  deductions  may  be  made  from  the  salaries 
of  Members  who  are  absent  without  sufficient  excuse  (II,  1149,  1150); 

[318] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  Vm.  §§  658-660. 

and  this  law  has  actually  been  enforced  (IV,  3011,  footnote;  VI,  30, 
198).  Form  of  resolution  for  the  arrest  of  Members  absent  without 
leave  (VI,  686). 

It  has  been  found  impracticable  to  enforce  the  provision  requiring 

every    Member   to    vote    (V,    5942-5948);    and   the 

§  ess.  Member's        weight  of  authority  also  favors  the  idea  that  there  is 

control  oi  nis  own  „ 

vote.  no  authority  in  the  House  to  deprive  a  Member  of 

the  right  to  vote  (V,  5937,  5952,  5959,  5966,  5967; 
VIII,  3072).  In  one  or  two  instances  the  Speaker  has  decided  that, 
because  of  personal  interest,  a  Member  should  not  vote  (V,  5955,  5958)  ; 
but  usually  the  Speaker  has  held  that  the  Member  himself  should 
determine  this  question  (V,  5950,  5951;  VIII,  3071),  and  one  Speaker 
denied  his  ow n  power  to  deprive  a  Member  of  the  constitutional  right  to 
vote  (V,  5956).  Members  may  not  vote  in  the  House  by  proxy  (VII, 
1014).  Instance  where  a  Member  submitted  his  resignation  from  a 
committee  on  grounds  of  disqualifying  personal  interest  (VIII,  3074) . 
The  House  has  frequently  excused  Members  from  voting  in  cases  of 
personal  interest  (III,  2294;  V,  5962;  Aug.  2,  1949,  p.  10591,  10592; 
Oct.  20,  1951,  p.  13746;  July  21, 1954,  p.  11262;  July  28,  1955,  p.  11930; 
July  12,  1956,  p.  12566). 

It  is  a  principle  of  "immemorial  observance"  that  a  Member  should 
withdraw  when  a  question  concerning  himself  arises 

fV>  694°);  but  !t  has  been  held  that  the  disqualify- 
personal  hvterest.  in£  interest  must  be  such  as  affects  the  Member 

directly  (V,  5954,  5955,  5963),  and  not  as  one  of  a 
class  (V,  5952;  VIII,  3071,  3072).  In  a  case  where  questions  affected 
the  titles  of  several  Members  to  their  seats,  each  refrained  from  voting 
in  his  own  case,  but  did  vote  on  the  identical  cases  of  his  associates 
(V,  5957,  5958) .  And  while  a  Member  should  not  vote  on  the  direct 
questions  affecting  himself,  he  has  sometimes  voted  on  incidental 
questions  (V,  5960,  5961). 

2.  Pairs  shall  be  announced  by  the  Clerk,  after  the 
completion  of  the  second  roll  call,  from 
§660.  pairs.  ^  written  list  furnished  him,  and  signed 
by  the  Member  making  the  statement  to  the  Clerk, 
which  list  shall  be  published  in  the  Record  as  a  part 
of  the  proceedings,  immediately  following  the  names 
of  those  not  voting:  Provided,  pairs  shall  be  announced 
but  once  during  the  same  legislative  day, 

[319] 


RULES  OF  THE   HOUSE   OF   REPRESEKTATIVES 
§§  661,  662.  RuIelX. 

This  rule  was  adopted  in  1880,  although  the  practice  of  pairing  had 
then  existed  in  the  House  for  many  years  (V,  5981). 

Pairs  may  not  be  announced  at  a  time  other  than  that  prescribed  by 
the  rule  (V,  6046)  or  in  Committee  of  the  Whole  (V,  5984).  The 
House  does  not  consider  questions  arising  out  of  the  breaking  of  a  pair 
(V,  5982,  5983,  6095;  VIII,  3082,  3085,  3087-3089,  3093),  or  permit  a 
Member  to  vote  after  the  call  on  the  plea  that  he  had  refrained  because 
of  misunderstanding  as  to  a  pair  (V,  6080,  6081).  Discussion  of  the 
origin  of  the  practice  of  pairing  in  the  House  and  Senate  (VIII,  3076). 
On  questions  requiring  a  two-thirds  majority  Members  are  paired  two 
in  the  affirmative  against  one  in  the  negative  (VIII,  3088).  (For 
Speaker  Clark's  interpretation  of  the  rule  and  practice  of  the  House 
of  Representatives  as  to  pairs  see  VIII,  3089.) 

RULE  IX, 

QUESTIONS  OF  PRIVILEGE. 

Questions  of  privilege  shall  be,  first,  those  affecting 
seel.  Definition  the  rights  of  the  House  collectively,  its 
safety,  dignity,  and  the  integrity  of  its 
proceedings;  second,  the  rights,  reputa- 
tion, and  conduct  of  Members,  individually,  in  their 
representative  capacity  only;  and  shall  have  preced- 
ence of  all  other  questions,  except  motions  to  adjourn. 

This  rule  was  adopted  in  1880  (III,  2521).  It  merely  put  in  form  of 
definition  what  had  been  long  established  in  the  practice  of  the  House 
but  what  the  House  had  hitherto  been  unwilling  to  define  (II,  1603). 

The  privilege  of  the  House,  as  distinguished  from  that  of  the  indi- 
§662.  Privilege  of  vidual  Member,  includes  questions  relating  to  its 
the  House.  constitutional  prerogatives,  in  respect  to  revenue 

legislation  and  appropriations  (II,  1480-1501;  VI,  315);  including  rev- 
enue, and  other  treaties  (II,  1502-1537) ;  its  power  to  punish  for  con- 
tempt, whether  of  its  own  Members  (II,  1641-1665),  of  witnesses  who 
are  summoned  to  give  information  (II,  1608,  1612;  III,  1666-1724), 
or  of  other  persons  (II,  1597-1640) ;  questions  relating  to  its  organiza- 
tion (I,  22-24,  189,  212,  290),  and  the  title  of  its  Members  to  their 
seats  (III,  2579-2587),  including  various  questions  incidental  thereto 

[320] 


RULES   OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  IX.  §663. 

(I,  322,  328,  673,  742;  II,  1207;  III,  2588;  VIII,  2316),  the  conduct  of 
officers  and  employees  (I,  284,  285;  III,  2628,  2645-2647;  VI,  35); 
comfort  and  convenience  of  Members  and  employees  (III,  2629-2636) ; 
admission  to  the  floor  of  the  House  (III,  2624-2626);  the  accuracy 
and  propriety  of  reports  in  the  Congressional  Record  (V,  7005-7023; 
VIII,  3163,  3461,  3463,  3464,  3491,  3499;  April  20,  1936,  p.  5704; 
May  11,  1936,  p.  7019);  the  conduct  of  representatives  of  the 
press  (II,  1630,  1631;  III,  2627;  VI,  553),  newspaper  charges  affecting 
the  honor  and  dignity  of  the  House  (VII,  911);  the  protection  of 
papers  in  its  files,  especially  when  demanded  by  the  courts  (III, 
2604,  2660-2664;  VI,  587;  §291);  the  integrity  of  its  Journal  (II, 
1363;  III,  2620) ;  the  protection  of  its  records  (III,  2659) ;  the  accuracy 
of  its  documents  (V,  7329)  and  messages  (III,  2613) ;  and  the  integrity 
of  the  processes  by  which  bills  are  considered  (III,  2597-2601,  2614; 
IV,  3383,  3388,  3478). 

The  privilege  of  the  Member  rests  primarily  on  the  Constitution, 
§663  Privilege  of  wn*cn  gives  to  him  a  conditional  immunity  from 
the  Member.  arrest  ( §  89) ;  and  an  unconditional  freedom  of  debate 

in  the  House  (III,  2670;  §  91).  A  menace  to  the 
personal  safety  of  Members  from  an  insecure  ceiling  in  the  Hall  was 
held  to  involve  a  question  of  the  highest  privilege  (III,  2685) ;  and  an 
assault  on  a  Member  within  the  Capitol  when  the  House  was  not  in 
session,  from  a  cause  not  connected  with  the  Member's  representative 
capacity,  was  also  held  to  involve  a  question  of  privilege  (II,  1624). 
But  there  has  been  doubt  as  to  the  right  of  the  House  to  interfere  for 
the  protection  of  Members  who,  outside  the  Hall,  get  into  difficulties 
not  connected  with  their  official  duties  (II,  1277;  III,  2678;  footnote). 
Charges  against  the  conduct  of  a  Member  are  held  to  involve  privilege 
when  they  relate  to  his  representative  capacity  (III,  1828-1830,  2716; 
VI,  604,  612;  VIII,  2479) ;  but  when  they  relate  to  conduct  at  a  tune 
before  he  became  a  Member  they  have  not  been  entertained  as  of 
privilege  (II,  1287;  III,  2691,  2723,  2725).  A  distinction  has  been 
drawn  between  charges  made  by  one  Member  against  another  in  a 
newspaper  and  the  same  when  made  on  the  floor  (III,  1827,  2691, 
2717).  Charges  made  in  newspapers  against  Members  in  their  repre- 
sentative capacities  involve  privilege  (III,  1832,  2694,  2696-2699,  2703, 
2704;  VI,  576,  621;  VIII,  2479),  even  though  the  names  of  individual 
Members  be  not  given  (III,  1831,  2705,  2709;  VI,  616,  617).  But 
vague  charges  in  newspaper  articles  (III,  2711;  VI,  570),  criticisms  (III, 
2712-2714;  VIII,  2465),  or  even  misrepresentations  of  the  Member's 
speeches  or  acts  (III,  2707,  2708),  have  not  been  entertained. 

[321] 


OF  tHE   HOUSE   OF 

RuleEfc 

The  clause  of  the  rule  giving  questions  of  privilege  precedence  of 
§564.  General  prin-  *&  o^61*  questions  except  a  motion  to  adjourn  is  a 
opiesastopreced-  recognition  of  a  principle  always  well  understood 
ence  of  questions  of  in  the  House,  for  it  is  an  axiom  of  the  parliamentary 
privilege.  iaw  jfoofc  gtich  a  question  "supersedes  the  considera- 

tion of  the  original  question,  arid  must  be  first  disposed  of"  (III,  2522, 
2523;  VI,  595) .  As  the  biisihess  of  the  House  began  to  increase  it  was 
found  necessary  to  give  certain  important  matters  a  precedence  by 
rule,  and  such  matters  are  called  "privileged  questions."  But  as  thery- 
relate  merely  to  the  order  of  business  under  the  rules,  they  are  to  be" 
distinguished  from  "questions  of  privilege"  which  relate  to  the  safety 
or  efficiency  of  the  House  itself  as  an  organ  for  action  (III,  2718). 
It  is  evident,  therefore,  that  a  question  of  privilege  takes  precedence 
over  a  matter  merely  privileged  under  the  rules  (III,  2526-^2530;  Vj 
6454;  VIII,  3465).  Formerly  certain  matters  of  business,  arising 
under  provisions  of  the  Constitution  mandatory  in  nature,  were  held 
to  have  a  privilege  which  superseded  the  rules  establishing  the  order  of 
business,  as  bills  providing  for  census  or  apportionment  (I,  305-308)  > 
bills  returned  with  the  objections  of  the  President  (IV,  3530-3536), 
propositions  of  impeachment  (III,  2045-2048,  2051,  2398),  and 
questions  incidental  thereto  (III,  5401,  2418;  V,  7261),  matters  relating 
to  the  count  of  the  electoral  vote  (III,  2573-2578) ,  resolutions  relating 
to  adjournment  and  recess  of  Congress  (V,  6698,  6701-6706),  and  a 
resolution  declaring  the  office  of  Speaker  vacant  (VI,  35) ;  but  undei1 
later  decisions  bills  relating  to  census  and  apportionment  have  been 
held  not  to  present  questions  of  privilege,  and  the  effect  of  such  de- 
cisions is  to  require  all  questions  of  privilege  to  come  within  the  specific 
provisions  of  this  rule  (VI,  48;  VII,  889;  Ap^  8,  1926,  p.  7147).  Th£ 
ordinary  rights  and  functions  of  the  House  under  the  Constitution  are 
exercised  in  accordance  with  the  rules  without  precedence  as  matters 
of  privilege  (III,  2567).  A  motion  to  amend  the  Rules  of  the  House 
does  not  present  a  question  of  privilege  (Speaker  Cannon  sustained  by 
the  House  by  a  vote  of  235  to  53,  thereby  overruling  the  decision  of 
March  19,  1910  (VIII,  3376),  which  held  such  motion  privileged 
(VIII,  3377).  A  legislative  proposition  presented  as  a  question  of 
constitutional  privilege  under  the  provisions  of  the  Fourteenth  Amend- 
ment was  held  not  to  involve  a  question  of  privilege  (VI,  48). 


RUUES   OF  THE  HOUSE   OF  REPRESENTATIVES 
Bute  IX.  §§665-667. 

A  question  of  privilege  may  interrupt  the  reading  of  the  Journal  (II, 
§665.  Precedence  of  1630>"  VI>  637)>  the  consideration  of  a  bill  under 
questions  of  privilege  a  special  order  (III,  2524,  2525),  a  rule  providing 
as  related  to  pending  for  a  vote  "without  intervening  motion"  (VI,  560), 
business.  ft  proposition  to  suspend  the  rules  (III,  2553; 

VI,  553,  565),  the  consideration  of  a  matter  on  which  the  previous 
question  has  been  ordered  (III,  2532;  VI,  561;  VIII,  2688),  business  in 
order  on  Calendar  Wednesday  (VI,  394;  VII,  908-910),  reports  from  the 
Rules  Committee  (VIII,  3491),  call  of  the  Consent  Calendar  on  Mon- 
day (VI,  553),  or  motions  to  resolve  into  Committee  of  the  Whole  (VI, 
554;  VIII,  3461).  While  a  question  of  privilege  is  pending  a  message 
of  the  President  is  received  (V,  6640-6642),  but  is  read  only  by  unani- 
mous consent  (V,  6639).  A  motion  to  reconsider  may  also  be  entered 
but  may  not  be  considered  (V,  5673-5676).  It  has  been  held  that  only 
one  question  of  privilege  may  be  pending  at  a  time  (III,  2533),  but 
having  presented  one  question  of  privilege,  a  Member,  before  discussing 
it,  may  submit  a  second  question  of  privilege  related  to  the  first  and 
discuss  both  on  one  recognition  (VI,  562).  In  general  one  question  of 
privilege  may  not  take  precedence  over  another  (III,  2534,  2552,  2581). 

When  a  Member  proposes  merely  to  address  the  House  on  a  question 
of  personal  privilege,  and  does  not  bring  up  a  matter 
§666.  Precedence  of  aff^fog  the  dignitv  or  integrity  of  the  House  as 
questions  of  personal  °  .  ?  ",,  ,.  "  ,  , 

privilege.  an  orSai1  for  action,  the  practice  as  to  precedence  is 

somewhat  different.  Thus,  a  Member  rising  to  a 
question  of  personal  privilege  may  not  interrupt  a  call  of  the  yeas  and 
nays  (V,  6051,  6Q52,  6058,  6059;  VI,  554,  564),  or  take  from  the  floor 
another  Member  who  has  been  recognized  for  debate  (V,  5002;  VIII, 
2459,  2528),  but  he  may  interrupt  the  ordinary  legislative  business 
(HI,  2531}.  A  Member  may  address  the  House  on  a  question  of  per- 
sonal privilege  even  after  the  previous  question  has  been  ordered  on  a 
pending  bill  (VI,  561;  VIII,  2688).  Debate  on  a  question  of  privilege 
is  under  the  hour  rule  (V,  4990;  VIII,  2448),  but  the  previous  question 
may  be  moved  (II,  1256;  V,  5459,  5460;  VIII,  2672). 

During  a  call  of  the  House  in  the  absence  of  a  quorum  only  such 
questions  of  privilege  may  be  presented  as  relate  to 
t]tle  immedi&te  proceedings  (III,  2545).     A  question 
absence  of  a  quorum.    °*  Privilege  may  be  raised  in  Committee  of  the  Whole 
as  to  a  matter  occurring  in  that  committee  (III, 
2540-2544),  yet  a  breach  of  privilege  occurring  in  Committee  of  the 
Whole  relates  to  the  dignity  of  the  House  and  is  so  treated  (II,  1657). 


[323] 


RULES   OF   THE    HOUSE   OF  REPRESENTATIVES 
§§  668-670.  Rule  X. 

A  proposition  of  privilege  may  lose  its  precedence  by  association  with 
a  matter  not  of  privilege  (III,  2551;  V,  5890;  VI,  395). 

Whenever  it  is  asserted  on  the  floor  that  the  privileges  of  the  House 

are  invaded,  the  Speaker  entertains  the  question 

§668.  Raising  ques-     ^  15Qi)j  and  common  fame  has  been  held  suffi- 

tions  of  privilege.  ^^  ^^  for  raiging  &  question  (HI,  2538,  2701); 

a  telegraphic  dispatch  may  also  furnish  a  basis  (III,  2539).  But  a 
Member  may  not,  as  a  matter  of  right,  require  the  reading  of  a  book 
or  paper  on  suggesting  that  it  contains  matter  infringing  on  the  privi- 
leges of  the  House  (V,  5258).  In  presenting  a  question  of  personal 
privilege  the  Member  is  not  required  in  the  first  instance  to  offer  a 
motion  or  resolution,  but  he  must  take  this  preliminary  step  in  raising  a 
question  of  general  privileges  (III,  2546, 2547;  VI,  565-569;  VIII,  3464). 

RULE  X. 

STANDING    COMMITTEES. 

1.  There  shall  be  elected  by  the 
§669.  Election  of  House,  at  the  commencement  of  each 
LLitLs.  Congress,  the  following  standing  com- 

mittees: 

Under  the  Legislative  Reorganization  Act  of  1946  (60  Stat.  812), 
the  44  committees  of  the  79th  Congress  were  consolidated  into  19, 
effective  January  2,  1947.  The  Committee  on  Science  and  Astro- 
nautics was  established  July  21,  1958,  p.  14513,  raising  the  total  to  20 
standing  committees.  The  old  rule  intrusting  the  appointment  of 
committees  to  the  Speaker  was  adopted  in  1789  and  amended  in  1790 
and  in  1860  (IV,  4448-4476).  Committees  are  now  elected  on  motion 
or  resolution  from  the  floor  (VIII,  2171)  and  it  is  in  order  to  move  the 
previous  question  on  such  motion  or  resolution  (VIII,  2174).  The 
motion  is  not  divisible  (Rule  XVI,  cl.  6)  and  is  privileged  (VIII, 
2179,2182). 

(a)  Committee   on    Agriculture,    to 
consist  of  twenty-seven  Members. 

O3)  Committee   on    Appropriations, 
to  consist  of  forty-three  Members. 
(c)  Committee  on  Armed  Services,  to  consist  of 
thirty-three  Members. 

[324] 


RtGLES  OP  THE  HOUSE  OF  REPRESENTATIVES 
Rule  X.  §  $70. 

(d)  Committee  on  Banking  and  Currency,  to  con- 
sist of  twenty-seven  Members. 

(e)  Committee  on  the  District  of  Columbia,  to 
consist  of  twenty-five  Members. 

(f)  Committee  on  Education  and  Labor,  to  con- 
sist of  twenty-five  Members. 

(g)  Committee  on  Foreign  Affairs,  to  consist  of 
twenty-five  Members. 

(h)  Committee  on  Government  Operations,  to 
consist  of  twenty-five  Members. 

(i)  Committee  on  House  Administration,  to  con- 
sist of  twenty-five  Members. 

(j)  Committee  on  Interior  and  Insular  Affairs,  to 
consist  of  twenty-five  Members. 

(k)  Committee  on  Interstate  and  Foreign  Com- 
merce, to  consist  of  twenty-seven  Members. 

(1)  Committee  on  the  Judiciary,  to  consist  of 
twenty-seven  Members. 

(m)  Committee  on  Merchant  Marine  and  Fish- 
eries, to  consist  of  twenty-five  Members. 

(n)  Committee  on  Post  Office  and  Civil  Service, 
to  consist  of  twenty-five  Members. 

(o)  Committee  on  Public  Works,  to  consist  of 
twenty-seven  Members. 

(p)  Committee  on  Rules,  to  consist  of  twelve 
Members. 

(q)  Committee  on  Science  and  Astronautics,  to 
consist  of  twenty-five  Members. 


625S10— H.  Doc.  459,  86-2 -22       [325] 


RTKLE&   OF  THE   HOUSE   OF   REPRESENTATIVES 
§§  671,  672. 

(r)  Committee  on  Un-American  Activities,  to 
consist  of  nine  Members. 

(s)  Committee  on  Veterans'  Affairs,  to  consist  of 
twenty-seven  Members. 

(t)  Committee  on  Ways  and  Means,  to  consist  of 
twenty-five  Members. 

2,  The  Speaker  shall  appoint  all  select  and  con- 
§67i.  speaker  ap-  ference  committees  which  shall  be 
ordered  by  the  House  from  time  to  time. 


This  portion  of  the  rule  relating  to  select  committees  was  adopted  in 
1880,  and  the  provision  relating  to  conference  comi-nitt^es  in  1890, 
although  the  practice  of  leaving  the  appointment  of  conference  com- 
mittees to  the  Speaker  had  existed  from  the  earliest  years  of  the  House's 
history  (IV,  447%  VIII,  2193).  . 

Prior  to  1880  the  House  might  talse  frow  the  Speaker  the  appoint- 
ment of  a  select  committee  (IV,  4448,  4470;  VIII,  2192)  and  on  several 
occasions  did  so  in  fact  (IV,  4471-4476). 

In  the  earlier  usage  of  the  House  the  Member  moving  a  select  com-* 
mittee  was  appointed  its  chairman  (II,  1275;  III,  2342;  IV,  4514r- 
4516)  ;  but  except  for  matters  of  ceremony,  the  inconvenience  and  even 
impropriety  of  the  usage  has  caused  it  often,  to  be  disreg^rciedt  in  modern 
practice  (IV,  4517-4523,  4671), 

It  is  within  the  discretion  of  the  Chair  as  to  whom  he  appoints  as 
conferees  (July  8,  1947,  p.  8469),  and:  a  motion  to  instruct  the  Speaker 
as  to  the  number  and,  composition  of  a  conference  committee  on  the 
part  of  the  House  is  not  in  order  (VIII,  2193,  3221). 

3.  At  the  commencement  of  each  Congress,  the 
§672  selection  or  House  shall  elect  as  chairman  of  each 
cha™an  of  standing  committee  one  of  the  M  embers 

thereof;  in  the  temporary  absence  of 
the  chairman  the  Member  next  in  rank  in  the  order 
named  in  the  election  of  the  committee,  and  so  on,  as 
often  as  the  case  shall  happen,  shall  act  as  chairman; 


RULES   OF   THE   HOUSE   OF   REPRESENTATIVES 
Rule  X.  §§  673,  674. 

and  in  case  of  a  permanent  vacancy  in  the  chairman- 
ship of  any  such  committee  the  House  shall  elect 
another  chairman. 

The  above  provision  was  adopted  April  5,  1911  (VIII,  2201),  and 
continued  in  the  Legislative  Reorganization  Act  of  1946  (60  Stat.  812). 

4.  All  vacancies  in  standing  committees  in  the 
§  673.  committee       House  shall  be  filled  by  election  by  the 


vacancies. 


House. 


This  clause,  in  its  present  form,  was  first  adopted  in  the  62d  Con- 
gress  (VIII,  2178).  At  the  beginning  of  the  80th 
Congress  it  was  amended  to  prevent  a  Member  from 
serving  on  more  than  one  standing  committee,  except  that  Members 
elected  to  serve  on  the  Committees  on  District  of  Columbia  or  Un- 
American  Activities  could  be  elected  to  serve. on  not  more  than  two 
standing  committees ,  and  that  Members  of  the  majority  party,  serv- 
ing on  the  Committee  on  Expenditures  in  the  Executive  Departments 
(changed  to  Committee  on  Government  Operations  July  3,  1952,  p. 
9217)  or  House  Administration  could  be  elected  to  serve  on  two  stand- 
ing committees  and  no  more.  This  limitation  was  continued  through 
the  80th,  81st,  and  part  of  the  82d  Congresses  until  July  3,  1952, 
p.  9217,  when  it  was  modified  so  that  Members  elected  to  serve  on  the 
Committees  on  the  District  of  Columbia,  Government  Operations, 
Un-American  Activities  or  House  Administration  could  be  elected  to 
serve  on  two  standing  committees  and  no  more.  It  was  restored  to 
its  current  form  by  amendment  of  January  13,  1953,  p.  368-9,  so 
that  now  there  is  no  limitation  on  the  number  of  committees  to  which 
a  Member  may  be  elected. 

Form  of  resolution  electing  a  Member  to  a  committee  and  fixing 
his  rank  thereon  (Jan.  23,  1947,  p.  536).  The  House  by  unanimous 
consent  fixed  the  relative  rank  of  two  Members  on  a  committee  where 
an  error  had  been  made  on  the  original  appointment  (Jan.  20,  1947, 
p.  481). 


[327] 


RTJUBS  OF  THE  HOUSE  OF  REPRESENTATIVES 
§§675,676.  Rule  30. 

XI. 


POWERS  AND  DUTIES  OF  COMMITTEES. 

All  proposed  legislation,  messages,  petitions,  me- 
§675.  jurisdiction  morials,  and  other  matters  relating  to 
of  committees.  ^  subject  listed  under  the  standing 
committees  named  below  shall  be  referred  to  such 
committees,  respectively: 

This  provision  was  made  effective  Jan.  2,  1947,  as  a  part  of  the 
Legislative   Reorganization  Act   of   1946   (60  Stat. 
§67ft  812).     The  rule  is  mandatory  on  the  Speaker  in 

referring  public  bills  and  on  Members  in  referring  private  bills  and 
petitions  under  Rule  XXII,  but  when  the  House  itself  refers  a  bill  it 
may  send  it  to  any  committee  without  regard  to  the  rules  of  jurisdic- 
tion (IV,  4375;  V,  5527;  VII,  2131)  and  jurisdiction  is  thereby  con- 
ferred (IV,  4362-4364;  VII,  2105).  Motions  for  change  of  reference 
of  public  bills  must  be  authorized  by  the  committee  claiming  jurisdic- 
tion (§  854;  VII,  2121;  February  13,  1918,  p.  2070;  Jan.  10,  1941,  p. 
100),  must  be  made  immediately  following  the  reading  of  the  Journal 
(VII,  1809,  2119,  2120),  must  apply  to  a  single  bill  and  not  to  a  class  of 
bills  (VII,  2125),  must  apply  to  a  bill  erroneously  referred  (VII,  2125), 
may  be  amended  (VII,  2127),  may  not  be  divided  (VII,  2125),  and 
may  not  be  debated  (VII,  2126,  2128),  but  are  not  in  order  on  Cal- 
endar Wednesday  (VII,  2117),  and  are  not  privileged  if  the  original 
reference  was  not  erroneous  (VII,  2125).  A  bill  may  not  be  divided 
among  two  or  more  committees,  although  it  may  contain  matters 
properly  within  the  jurisdiction  of  several  committees  (IV,  4372)  .  A 
bill  may  be  originated  by  a  committee  having  jurisdiction  of  a  subject  by 
means  of  a  petition  (IV,  3365)  properly  referred  (IV,  4361).  It  has  gen- 
erally been  held  that  a  committee  may  not  report  a  bill  whereof  the 
subject  matter  has  not  been  referred  to  it  by  the  House  (IV,  4355-4360, 
4372;  VII,  1029,  2101,  2102).  Where  a  House  bill  is  returned  from  the 
Senate  with  a  substitute  amendment  relating  to  a  new  and  different 
subject,  the  reference  should  nevertheless  be  to  the  committee  having 
jurisdiction  of  the  original  bill  (IV,  4373,  4374).  The  erroneous 
reference  of  a  public  bill  under  this  rule,  if  it  remain  uncorrected,  gives 
jurisdiction  (IV,  4365-4371;  VII,  2108),  but  such  is  not  the  case  with 


[328] 


RtTUES  OF  THE  HOUSE  OF  REPRESENTATIVES 
RnleXI.  §677. 

a  private  bill  or  petition  (IV,  3364,  4382-4389)  unless  the  reference  be 
made  by  action  of  the  House  itself  (IV,  4390,  4391;  VII,  2131).  A 
point  of  order  as  to  the  reference  of  a  private  bill  is  good  when  the  bill 
comes  up  for  consideration,  either  in  the  House  or  in  Committee  of  the 
Whole  (IV,  4382-4389;  VII,  2116,  2132;  VIII,  2262)  or  at  any  time 
prior  to  passage  (VII,  2116).  The  reference  of  a  bill  to  a  committee 
involving  the  same  subject  matter  as  a  bill  previously  reported  confers 
jurisdiction  anew  upon  the  committee  to  consider  and  report  the  bill 
subsequently  introduced  (VIII,  2311). 

Rule  XXII,  cl.  2,  prohibits  the  reception  or  consideration  of  certain 
private  bills  relating  to  claims,  pensions,  construction  of  bridges,  correc- 
tion of  military  or  naval  records,  etc. 

1.  Committee  on  Agriculture. 

(a)  Adulteration  of  seeds,  insect  pests,  and  pro- 

tection of  birds  and  animals  in  forest 

§  677.  Agriculture. 

reserves. 

(b)  Agriculture  generally. 

(c)  Agricultural  and  industrial  chemistry. 

(d)  Agricultural  colleges  and  experiment  stations. 

(e)  Agricultural  economics  and  research, 

(f)  Agricultural  education  extension  services. 

(g)  Agricultural  production  and  marketing  and 
stabilization  of  prices  of  agricultural  products. 

(h)  Animal  industry  and  diseases  of  animals, 
(i)  Crop  insurance  and  soil  conservation, 
(j)  Dairy  industry. 

(k)  Entomology  and  plant  quarantine. 
(1)  Extension  of  farm  credit  and  farm  security, 
(m)  Forestry  in  general,  and  forest  reserves  other 
than  those  created  from  the  public  domain, 
(n)  Human  nutrition  and  home  economics. 

[329] 


RTOES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§678. 

(o)  Inspection  of  livestock  and  meat  products. 
(p)  Plant  industry,   soils,  and  agricultural  engi- 
neering. 

(q)  Rural  electrification. 

This  committee  was  established  in  1820  (IV,  4149) .     The  jurisdiction 
as  defined  in  the  rule  was  made  effective  January  2, 
§678.  History-  1343 ,  as  &  part  of  the  Legislative  Reorganization 

Act  of  1946  (60  Stat.  812).  In  1880  the  subject  of  forestry  was  added 
to  its  jurisdiction,  and  at  the  same  time  the  authority  to  receive  the  esti- 
mates and  report  appropriations  was  conferred  (IV,  4149),  but  on  July  1, 
1920,  authority  to  report  appropriations  for  the  Department  of  Agricul- 
ture was  transferred  to  the  Committee  on  Appropriations  (VII,  I860). 

It  has  had  jurisdiction  of  bills  for  establishing  and  regulating  the 
Department  of  Agriculture  (IV,  4150),  for  inspection  of  livestock  and 
meat  products,  regulation  of  animal  industry,  cUseases  of  animals 
(IV,  4154;  VII,  1862),  adulteration  of  seeds,  insect  pests,  protection 
of  birds  and  animals  in  forest  reserves  (IV,  4157;  VII,  1870),  the  im- 
provement of  the  breed  of  horses,  even  with  the  cavalry  service  in 
view  (IV,  4158;  VII,  1865). 

The  committee,  having  in  charge  the  general  subject  of  forestry,  has 
reported  bills  relating  to  timber,  and  forest  reserves  other  than  those 
created  from  the  public  domain  (IV,  4160). 

It  has  also  exercised  jurisdiction  of  bills  relating  to  agricultural 
colleges  and  experiment  stations  (IV,  4152),  incorporation  of  agricul- 
tural societies  (IV,  4159),  establishment  of  a  highway  commission 
(IV,  4153),  and  to  discourage  fictitious  and  gambling  transactions  in 
farm  products  (IV,  4161;  VII,  1861). 

The  committee  has,  by  direct  action  of  the  House,  secured  jurisdic- 
tion of  bills  imposing  an  internal-revenue  tax  on  oleomargarine  (IV, 
4156),  and  has  also  had  a  general,  but  not  exclusive  jurisdiction  of 
bills  relating  to  imitation  dairy  products,  manufacture  of  lard,  etc. 
(IV,  4156 ;  VII,  1869) ,  and  tax  on  cotton  and  grain  futures  (65th  Gong.) . 
But  this  jurisdiction  of  revenue  matters  is  exceptional  (IV,  4 155). 

The  House  referred  the  President's  message  dealing  with  tfee  refinanc- 
ing of  farm-mortgage  indebtedness  to  the  committee  thus  conferring 
jurisdiction  (Apr.  4,  1933,  p.  1209) . 


OF  T&E  KOtrSE  OF 
Rule  XI.  §  679. 

2.  Committee  on  Appropriations. 

(a)  Appropriation  of  the  revenue  for  the  support  of 
§  679.  Appropria-       the  Government. 
tiohs-  (b)  The    committee    is    authorized, 

acting  as  a  whole  or  by  any  subcommittee  thereof 
appointed  by  the  chairman  for  the  purposes  hereof 
and  in  accordance  with  procedures  authorized  by  the 
committee  by  a  majority  vote,  to  conduct  studies 
and  examinations  of  the  organization  and  operation 
of  any  executive  department  or  other  executive 
agency  (including  any  agency  the  majority  of  the 
stock  of  which  is  owned  by  the  Government  of  the 
United  States)  as  it  may  deem  necessary  to  assist  it 
in  the  determination  of  matters  within  its  jurisdic- 
tion; and  for  this  purpose  the  committee  or  any  sub- 
committee thereof  is  authorized  to  sit  and  act  at  such 
times  and  places  within  the  United  States,  whether 
the  House  is  in  session,,  has  recessed,  or  has  adjourned, 
to  hold  such  hearings,  to  require  the  attendance  of 
such  witnesses,  and  the  production  of  such  books  or 
papers  or  documents  or  vouchers  by  subpena  or 
otherwise,  and  to  take  such  testimony  and  records 
as  it  deems  necessary.  Subpe&as  may  be  issued  over 
the  signature  of  the  chairman  of  the  committee  or 
subcommittee,  or  by  any  person  designated  by  him, 
and  shall  be  served  by  such  person  or  persons  as  the 
chairman  of  the  committee  or  subcommittee  may 
designate.  The  chairman  of  the  committee  or  sub- 


1331] 


BULKS  OF  £EE  HOUSE  OF  REPRESENTATIVES 
§§680,681.  Rule  XI. 

committee,  or  any  member  thereof,  may  administer 
oaths  to  witnesses. 

This  committee  was  established  in  1865,  when  all  the  general  appro- 
priation bills  were  confided  to  its  care.  In  1885  a 
5  68°"  portion  of  the  bills  were  distributed  to  other  com- 

mittees. On  July  1,  1920,  the  committee  was  given  jurisdiction  over 
all  appropriations  by  an  amendment  to  the  Rules  adopted  June  1,  1920 
(VII,  1741). 

While  this  committee  has  authority  to  report  appropriations,  the 
power  to  report  legislation  relating  thereto  belongs  to  other  com- 
mittees (IV,  4033).  General  appropriation  bills  may  not  be  considered 
in  the  House  until  reports  and  hearings  have  been  available  3  days  in 
advance  (§  848).  The  authority  to  conduct  studies  and  examinations 
of  the  organization  and  operation  of  executive  departments  and 
agencies  was  given  this  committee  on  February  11,  1943,  p.  884; 
continued  by  resolution  of  January  9,  1945,  p.  135,  and  incorporated 
in  permanent  law  in  Sec.  202  (b)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812).  Clause  2,  embracing  the  authority  to 
conduct  studies  and  examinations,  was  made  a  part  of  the  standing 
rules  January  3,  1953,  p.  17,  24.  The  Committees  on  Appropriations 
of  the  House  and  Senate  are  authorized  to  develop  a  standard  appro- 
priation classification  schedule;  study  existing  permanent  appropria- 
tions and  recommend  which,  if  any,  should  be  discontinued;  and  the 
disposition  of  funds  resulting  from  the  sale  of  Government  property  or 
services  (§  945).  The  committee  also  is  authorized  and  directed  to 
join  in  reporting  a  legislative  budget  each  fiscal  year  accompanied  by 
a  concurrent  resolution  adopting  such  budget  (§  943). 

3.  Committee  on  Armed  Services. 

(a)  Common  defense  generally. 

§  68i.  Armed  (b)  The  Department  of  Defense  gen- 

Services-  erally,  including  the  Departments  of 

the  Army,  Navy,  and  Air  Force  generally. 

(c)  Ammunition   depots;   forts;   arsenals;   Army, 
Navy,  and  Air  Force  reservations  and  establishments. 

(d)  Conservation,  development,  and  use  of  naval 
petroleum  and  oil  shale  reserves. 

(e)  Pay,  promotion,  retirement,  and  other  benefits 
and  privileges  of  members  of  the  armed  forces. 

[332] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XL  §§  682.  6S3. 

(f)  Scientific  research  and  development  in  support 
of  the  armed  services. 

(g)  Selective  service. 

(h)  Size  and  composition  of  the  Army,  Navy,  and 
Air  Force. 

(i)  Soldiers'  and  sailors7  homes. 

(j)  Strategic  and  critical  materials  necessary  for 
the  common  defense. 

This  committee  was  established  January  2,  1947,  as  a  part  of  the 
Legislative  Reorganization   Act  of  1946   (60  Stat. 
5682'  812),   and  combined  the  Committees  on   Military 

Affairs  and  on  Naval  Affairs  which  were  created  in  1822  (IV,  4179, 
4189).  These  two  committees  had  jurisdiction  of  appropriations  from 
1885  to  1920  (IV,  4179,  4189;  VII,  1741),  The  present  form  of  this 
clause  was  adopted  January  3,  1953,  p.  17,  to  reflect  committee  juris- 
diction over  the  Department  of  Defense  (created  in  the  National 
Security  Act,  61  Stat.  495). 

4.  Committee  on  Banking  and  Currency. 

(a)  Banking  and  currency  generally. 

(b)  Control  of  price  of  commodities,   rents,  or 

§  683.  Banking  and         SerVlCeS. 

currency.  ^  Deposit  insurance. 

(d)  Federal  Reserve  System. 

(e)  Financial  aid  to  commerce  and  industry,  other 
than  matters  relating  to  such  aid  which  are  specifi- 
cally assigned  to  other  committees  under  this  rule. 

(f)  Gold  and  silver,  including  the  coinage  thereof. 

(g)  Issuance  of  notes  and  redemption  thereof, 
(h)  Public  and  private  housing. 

(i)  Valuation  and  revaluation  of  the  dollar. 

This  committee  was  established  in  1865  (IV,  4082).     The  jurisdiction 
defined  in  the  rule  was  made  effective  January  2,  1947,  as  a  part  of  the 

[333] 


OF  THE  HOUSE  OF  REPRESENTATIVES 
$§684,685  Rule  XI. 

Legislative  Reorganization  Act  of  1946  (60,  Stat..  812) ,  Pursuant  to  the 
Reorganization  Act,  the  committee  absorbed  jurisdiction  of  the  former 
Committee  on  Coinage,  Weights,  and  Measures,  created  in  1864  (IV, 
4090),  except  jurisdiction  over  matters  relating  to  the  standardization 
of  weights  and  measures  and  the  metric  system.  Jurisdiction  over  such 
matters,  transferred  by  that  Act  to  the  Committee  on  Interstate  and 
Foreign  Commerce,  was,  by  resolution  of  July  21,  1958,  p.  14513, 
transferred  to  the  Committee  on  Science  and  Astronautics. 

It  has  reported  on  subjects  relating  to  the  strengthening  of  public 
credit,  issues  of  notes  and  taxation  and  redemption 
§684'  thereof    (IV,   4084),   propositions  to   maintain  the 

parity  of  the  money  of  the  United  States  (IV,  4089;  VII,  1792),  the 
issue  of  silver  certificates  as  currency  (IV,  4087,  4088),  national  banks 
and  current  deposits  of  public  money  (IV,  4083;  VII,  1790),  the  incor- 
poration of  an  international  bank  (IV,  4086),  subjects  relating  to  the 
Freedman's  Bank  (IV,  4085),  and  Federal  Reserve  system,  farm  loan 
act,  home  loan  bills,  stabilization  of  the  Collar,  War  Finance  Corpora- 
tion, Federal  Reserve  Baak  buildings  (VII,  179.3,  1795). 

5*  Committee  on  tbe  District  of  Columbia. 

(a)  All  measures  relating  to  the  municipal  affairs 
§685.  District  of       of  the  District  of  Columbia  in  general, 
coi^bia.  other    tjlan    appropriations    therefor, 
including — 

(b)  Adulteration  of  foods  and  drugs. 

(c)  Incorporation  and  organization  of  societies. 

(d)  Insurance,  executors,  administrators,  wills,  and 
divorce. 

(e)  Municipal  code  and  amendments  to  the  crim- 
inal and  corporation  laws. 

(f)  Municipal  and  juvenile  courts. 

(g)  Public    health    and    safety,    sanitation,    and 
quarantine  regulations. 

(h)  Regulation  of  sale  of  intoxicating  liquors, 
(i)  Taxes  and  tax  sales. 


[384] 


RtJLES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XL  §686,687. 

This  committee  was  established  in  1808  (IV,  4276).  The  juris- 
diction of  this  committee  as  defined  in  the  rule  was 
made  effective  January  2,  1947,  as  a  part  of  the 
Legislative  Reorganization  Act  of  1946  (60  Stat.  812).  It  formerly 
had  jurisdiction  of  matters  relating  to  the  Government  Hospital  for 
the  Insane  (IV,  4285)  which  subject  is  now  under  the  jurisdiction  of 
the  Committee  on  Education  and  Labor. 

It  reports  bills  proposing  legislation  as  to  the  general  municipal  affairs 
of  the  District  (IV,  4277) ,  relating  to  health,  sanitary  and  quarantine 
regulations  (IV,  4284;  VII,  2008),  holidays  (IV,  4283;  VII,  2011), 
protection  of  fish  and  game  (IV,  4282),  regulation  of  sale  of  intoxicating 
liquors  (IV,  4280),  adulteration  of  food,  drugs,  etc.  (IV,  4280),  taxes 
and  tax  sales  (IV,  4279),  insurance  (IV,  4278),  bills  for  preserving  public 
order  at  times  of  inaugurations  (IV,  4292),  harbor  regulations  and  the 
bridge  over  the  Eastern  Branch  (IV,  4286),  executors,  administrators, 
wills,  and  divorce  (IV,  4289),  police  and  juvenile  courts  and  justices 
of  the  peace  (IV,  4290),  incorporation  and  organization  of  societies 
(IV,  4288;  VII,  2006,  2013),  municipal  code  and  amendments  to  the 
criminal  and  corporation  laws  (IV,  4287;  VII,  2007).  The  jurisdiction 
of  this  committee  as  to  matters  affecting  the  higher  courts  of  the  Dis- 
trict has  been  exceptional  rather  than  general  (IV,  4291). 

6.  Committee  on  Education  and  Labor. 

(a)  Measures  relating  to  education  or  labor  gener- 


§  687.  Education 

and  Labor.  (ty     Child  M)Or. 

(c)  Columbia  Institution  for  the  Deaf,  Dumb,  and 
Blind;  Howard  University;  Freedmen's  Hospital;  and 
Saint  Elizabeths  Hospital. 

(d)  Convict  labor  and  the  entry  of  goods  made  by 
convicts  into  interstate  commerce. 

(e)  Labor  standards. 

(f)  Labor  statistics. 

(g)  Mediation  and  arbitration  of  labor  disputes. 


[335] 


RTJUES  OF  THE  HOUSE  OF  REPRESENTATIVES 
59.  Rule  XL 

(h)  Regulation  or  prevention  of  importation  of 
foreign  laborers  under  contract. 

(i)  School-lunch  program. 

(j)  United  States  Employees'  Compensation  Com- 
mission. 

(k)  Vocational  rehabilitation. 

(1)  Wages  and  hours  of  labor. 

(m)  Welfare  of  miners. 

This  committee  was  established  January  2,  1947,  as  a  part  of  the 

Legislative  Reorganization   Act  of   1946   (60  Stat. 

812),  and  combined  the  Committees  on  Education 

(created  in  1867,  IV,  4242)  and  Labor  (created  in  1883,  IV,  4244).    The 

Columbia  Institute  for  the  Deaf,  Dumb,  and  Blind  was  renamed 

"Gallaudet  College"  (68  Stat.  265). 

Vocational  Rehabilitation  of  veterans  is  under  the  jurisdiction  of 
the  Committee  on  Veterans'  Affairs. 

7.  Committee  on  Foreign  Affairs. 

(a)  Relations  of  the  United  States  with  foreign 
§689.  Foreign  nations  generally. 

AJWw"  (b)  Acquisition  of  land  and  buildings 

for  embassies  and  legations  in  foreign  countries. 

(c)  Establishment  of  boundary  lines  between  the 
United  States  and  foreign  nations. 

(d)  Foreign  loans. 

(e)  International  conferences  and  congresses. 

(f)  Intervention  abroad  and  declarations  of  war. 

(g)  Measures  relating  to  the  diplomatic  service. 
(h)  Measures  to  foster  commercial  intercourse  with 

foreign  nations  and  to  safeguard  American  business 
interests  abroad, 
(i)  Neutrality. 

[336] 


RULES  OP  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XI. 

(j)  Protection  of  American  citizens  abroad  and 
expatriation. 

(k)  The  American  National  Red  Cross. 

(1)  United  Nations  Organization  and  international 
financial  and  monetary  organizations. 

The  jurisdiction  as  defined  in  the  rule  was  made  effective  January 
2,  1947,  as  a  part  of  the  Legislative  Reorganization 
5  Act  of  1946  (60  Stat.  812). 

This  committee  was  established  in  1822  (IV,  4162),  and  had  authority 
to  report  appropriations  from  1885  to  1920. 

It  has  a  broad  jurisdiction  over  foreign  relations,  including  bills  to 
establish  boundary  lines  between  the  United  States  and  foreign  nations, 
to  determine  naval  strength,  and  regulate  bridges  and  dams  on  interna- 
tional waters  (IV,  4166;  see  also  "General  Bridge  Act,"  33  U.  S.  C.  525, 
533),  for  the  protection  of  American  citizens  abroad  and  expatriation 
(IV,  4169;  VII,  1883),  to  maintain  the  treaty  rights  of  American 
fishermen  (IV,  4171),  for  extradition  with  foreign  nations,  international 
arbitration,  relating  to  violation  of  neutrality  (IV,  4178a),  international 
conferences  and  congresses  (IV,  4177;  VII,  1884),  the  incorporation  of 
the  American  National  Red  Cross  and  protection  of  its  insignia  (IV, 
4173),  immigration  of  Chinese  and  Japanese  (IV,  4172),  intervention 
abroad  and  declarations  of  war  (IV,  4164;  VII,  1880),  affairs  of  the  con- 
sular service,  including  acquisition  of  land  and  buildings  for  legations 
in  foreign  capitals  (IV,  4163;  VII,  1879),  creation  of  courts  of  the  United 
States  in  foreign  countries  (IV,  4167),  treaty  regulations  as  to  protec- 
tion of  fur  seals  (IV,  4170),  matters  relating  to  the  Philippines  (see 
60  Stat.  315). 

The  committee  has  also  considered  measures  for  fostering  commercial 
intercourse  with  foreign  nations  and  for  safeguarding  American  business 
interests  abroad  (IV,  4175),  and  even  the  subjects  of  commercial  treaties 
and  reciprocal  arrangements  (IV,  4174),  although  in  later  practice  the 
Committee  on  Ways  and  Means  has  considered  such  matters  (IV,  4021) . 
Foreign  Affairs  has  exercised  a  general  but  not  exclusive  jurisdiction 
over  legislation  relating  to  claims  having  international  relations  (IV, 
4168;  VII,  1882). 


[337] 


OF  THE  HOUSE  OF 

8691. 

8.  Coimmttee  on  Government  Operations. 

(a)  Budget  and  accounting  measures,  other  than 

appropriations. 
§69i.  Government         /i  \  TDoQrganizations  in  the  executive 

operations.  V*-V  ,         y>« 

branch  of  the  Government. 

(c)  Such  committee  shall  have  the  duty  of— 

(1)  receiving  and  examining  reports  of  the  Comp- 
troller General  of  the  United  States  and  of  submitting 
such  recommendations  to  the  House  as  it  deems 
necessary  or  desirable  in  connection  with  the  subject 
matter  of  such  reports; 

(2)  studying  the   operation   of   Government  ac- 
tivities at  all  levels  with  a  view  to  determining  its 
economy  and  efficiency; 

(3)  evaluating  the  effects  of  laws  enacted  to  re- 
organize the  legislative  and  executive  branches  of  the 

Government; 

(4)  studying  intergovernmental  relationships  be- 
tween the  United  States  and  the  States  and  munici- 
palities, and  between  the  United  States  and  inter- 
national organizations  of  which  the  United  States  is  a 
member. 

(d)  For  the  purpose  of  performing  such  duties  the 
committee,  or  any  subcommittee  thereof  when  au- 
thorized by  the  committee,  is  authorized  to  sit,  hold 
hearings,  and  act  at  such  times  and  places  within  the 
United  States,  whether  or  not  the  House  is  in  session, 
is  in  recess,  or  has  adjourned,  to  require  by  subpena 
or  otherwise  the  attendance  of  such  witnesses  and 

[338] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
KuleXI.  §§692,693* 

the  production  of  such  papers,  documents,  and  books, 
and  to  take  such  testimony  as  it  deems  necessary. 
Subpenas  may  be  issued  under  the  signature  of  the 
chairman  of  the  committee  or  of  any  subcommittee, 
or  by  any  member  designated  by  any  such  chairman, 
and  may  be  served  by  any  person  designated  by  any 
such  chairman  or  member. 

The  name  -of  this  committee  was  on  July  3,  1952,  p.  9217,  changed 
from  "Expenditures  in  the  Executive  Departments" 
^692*  to   "Government  Operations."     The  former   Com- 

mittee on  Expenditures  in  the  Executive  Departments  was  established 
December  5,  1927  (VII,  2041),  and  took  the  place  of  eleven  separate 
committees  on  expenditures  in  the  several  executive  departments. 
The  first  of  these  committees  was  established  in  1816,  and  others  were 
added  as  new  departments  were  created  (IV,  4315).  They  reported 
bills  relating  to  the  efficiency  and  integrity  of  the  public  service  (IV, 
4320),  and  creation  and  abolition  of  offices  (IV,  4318).  The  juris- 
diction as  now  defined  in  the  rule  was  made  effective  January  2,  1947, 
as  a  part  of  the  Legislative  Reorganization  Act  of  1946  (60  Stat.  812). 
The  paragraph  giving  the  committee  the  power  of  subpena,  was 
adopted  February  10,  1947,  p.  942. 

9.  Committee  cm  House  Administration. 

(a)  Appropriations  from  the  contingent  fund. 
§693.  House  Ad-  (b)  Auditing  and  settling  of  all  ac- 

mixifetratkm.  counts  which  may  be  charged  to  the 

contingent  fund. 

(c)  Employment  of  persons  by  the  House,  in- 
cluding clerks  for  Members  and  committees,  and 
reporters  of  debates. 

(d)  Except  as  provided  in  clause  1-5  (d),  matters 
relating  to  the  Library  of  Congress  and  the  House 
Library;  statuary  and  pictures;  acceptance  or  pur- 

i[3S9] 


RTOES  OF  THE  HOUSE  OF  REPRESENTATIVES 
5693.  Rule  XL 

chase  of  works  of  art  for  the  Capitol;  the  Botanic 
Gardens;  management  of  the  Library  of  Congress; 
purchase  of  books  and  manuscripts;  erection  of 
monuments  to  the  memory  of  individuals. 

(e)  Except  as  provided  in  clause  15  (d),  matters 
relating  to  the  Smithsonian  Institution  and  the  in- 
corporation of  similar  institutions. 

(f)  Expenditure  of  contingent  fund  of  the  House. 

(g)  Matters  relating  to  printing  and  correction  of 
the  Congressional  Record. 

(h)  Measures  relating  to  accounts  of  the  House 
generally. 

(i)  Measures  relating  to  assignment  of  office  space 
for  Members  and  committees. 

(j)  Measures  relating  to  the  disposition  of  useless 
executive  papers. 

(k)  Measures  relating  to  the  election  of  the  Presi- 
dent, Vice  President,  or  Members  of  Congress; 
corrupt  practices;  contested  elections;  credentials 
and  qualifications;  and  Federal  elections  generally. 

(1)  Measures  relating  to  services  to  the  House, 
including  the  House  Restaurant  and  administration 
of  the  House  Office  Buildings  and  of  the  House  wing 
of  the  Capitol. 

(m)  Measures  relating  to  the  travel  of  Members  of 
the  House. 

(n)  Such  committee  shall  also  have  the  duty  of — 
(1)  arranging  a  suitable  program  for  each  day 

observed  by  the  House  of  Representatives  as  a 

[340] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XI.  5§  694, 695. 

memorial  day  in  memory  of  Members  of  the 
Senate  and  House  of  Representatives  who  have 
died  during  the  preceding  period,  and  to  arrange 
for  the  publication  of  the  proceedings  thereof; 

(2)  examining  all  bills,  amendments,  and  joint 
resolutions  after  passage  by  the  House;  and  in 
cooperation  with  the  Senate,  of  examining  all  bills 
and  joint  resolutions  which  shall  have  passed  both 
Houses,  to  see  that  they  are  correctly  enrolled;  and 
when  signed  by  the  Speaker  of  the  House  and  the 
President  of  the  Senate,  shall  forthwith  present  the 
same,  when  they  shall  have  originated  in  the  House, 
to  the  President  of  the  United  States  in  person,  and 
report  the  fact  and  date  of  such  presentation  to  the 
House; 

(3)  reporting  to  the  Sergeant-at-Arms  of  the 
House  the  travel  of  Members  of  the  House. 

This  committee  was  created  January  2,  1947,  as  a  part  of  the  Legisla- 
tive Reorganization  Act  of  1946  (60  Stat.  812),  and 
6  combined  the  Committees  on  Accounts  (created  in 

1803,  IV;  4328),  Enrolled  Bills  (created  in  1789,  IV,  4350),  Disposition 
of  Executive  Papers  (created  in  1889,  IV,  4419),  Printing  (created  in 
1846),  Elections  (created  in  1794  and  divided  into  three  committees 
in  1895,  IV,  4019),  Election  of  President,  Vice  President,  and  Repre- 
sentatives in  Congress  (created  in  1893,  IV,  4299),  and  Memorials 
(created  January  3,  1929,  VII,  2080). 

The  Committee  on  House  Administration  now  has  jurisdiction  of 

measures  relating  to  the  House  restaurant  which  for 

§695.  House  many  years  was  under  jurisdiction  of  the  former 

Committee  on  Accounts.    On  September  5,  1940, 

p.  11552,  the  management  of  the  House  restaurant  was,  by  resolution, 

placed  under  the  Architect  of  the  Capitol. 

625S10— H.  Doc.  459,  86-2 23      [341] 


RULES  Or  THE  HOUSE  OF  KEPEESENTATIVES 
§§696-701.  Rule  XL 

The  Committee  on  House  Administration  has  absorbed  the  Com- 
mittee on  Enrolled  Bills  which  was  established  in 
§696.  Enrolled  bais.    I7sg  b^  ^  .oint  ^  of  the  two  Houses.    This  rule 

lapsed  in  1876  with  the  other  joint  rules;  but  in  1880  the  rules  of  the 
House  were  amended  so  as  to  recognize  the  joint  committee  (IV, 
4350,  4416;  VII,  2099).  The  Committee  on  House  Administration  and 
the  Secretary  of  the  Senate  make  comparisons  of  bills  of  their  own 
House  for  enrollment  and  the  two  cooperate  in  the  interchange  of 
bills  for  signature. 

The  Committee  on  House  Administration  under  the  Reorganization 

Act  has  jurisdiction  of  some  of  the  subjects  formerly 

§§697, 698.  Library.     ^^  the  jurisdiction  of  the  Joint  Committee  on 

the  Library,  such  as  matters  relating  to  the  Library  of  Congress  and  the 
House  Library,  statuary  and  pictures,  acceptance  or  purchase  of  works 
of  art  for  the  Capitol,  the  Botanic  Gardens,  management  of  the 
Library  of  Congress,  purchase  of  books  and  manuscripts,  erection  of 
monuments  to  the  memory  of  individuals,  matters  relating  to  the 
Smithsonian  Institution,  and  the  incorporation  of  similar  institutions; 
except  measures  relating  to  the  construction  or  reconstruction,  main- 
tenance, and  care  of  the  buildings  and  grounds  of  the  Botanic  Gardens, 
the  Library  of  Congress,  and  the  Smithsonian  Institution,  which 
functions  are  now  under  the  Committee  on  Public  Works.  The  House 
Members  of  the  Joint  Committee  on  the  Library,  provided  for  by  law 
(2  U.  S.  C.  132b),  are  elected  by  resolution  each  Congress. 

The  Committee  on  House  Administration  has  jurisdiction  of  matters 
relating  to  printing  and  correction  of  the  Congres- 
sional  Record,  formerly  within  the  jurisdiction  of  the 
Committee  on  Printing.  The  House  Members  of 
the  Joint.  Committee  on  Printing,  provided  for  by  law  (44  U.  S.  C.  1), 
are  elected  by  resolution  each  Congress. 

The  Committee  on  House  Administration  has  jurisdiction  of  meas- 
§700.  Contested  ures  relating  to  the  election  of  the  President,  Vice 
Elections  and  President,  or  Members  of  Congress;  corrupt  prac- 

Eiectorai  count,  tices;  contested  elections;  credentials  and  qualifica- 
tions; Federal  elections  generally,  and  the  Electoral  count  which  for- 
merly was  within  the  jurisdiction  of  a  Committee  on  Election  of  the 
President,  Vice  President,  and  Representatives  in  Congress  (IV,  4303). 

The  Committee1  on  House  Administration  has  jurisdiction  of  sub- 
§  701.  Memorial  ject  of  memorial  services  in  memory  of  Members  who 
services.  h&ve  died  during  the  preceding  period,  a  matter 

formerly  under  jurisdiction  of  a  Committee  on  Memorials. 

[342] 


RUIZES  OF  THE  HOUSE  OS'  REPRESENTATIVES 
Rule  XL  §  702. 

10.  Committee  on  Interior  and  Insular  Affairs. 

(a)  Forest   reserves   and  national  parks   created 

§702.  Interior  and  frOEd  the  public  domain. 

insuiaraflairs.  (b)  porfeiture   of  land   grants  and 

alien  ownership,  including  alien  ownership  of  mineral 
lands. 

(c)  Geological  Survey. 

(d)  Interstate   compacts   relating   to   apportion- 
ment of  waters  for  irrigation  purposes. 

(e)  Irrigation  and  reclamation,   including  water 
supply  for  reclamation  projects,  and  easements  of 
public  lands  for  irrigation  projects,  and  acquisition  of 
private  lands  when  necessary  to  complete  irrigation 
projects. 

(f)  Measures  relating  to  the  care,  education,  and 
management  of  Indians,  including  the  care  and  allot- 
ment of  Indian  lands  and  general  and  special  measures 
relating  to  claims  which  are  paid  out  of  Indian  funds. 

(g)  Measures  relating  generally  to  Hawaii,  Alaska, 
and  the  insular  possessions  of  the  United  States, 
except  those  affecting  the  revenue  and  appropriations. 

(h)  Military  parks  and  battlefields,  and  national 
cemeteries. 

(i)  Mineral  land  laws  and  claims  and  entries 
thereunder. 

(j)  Mineral  resources  of  the  public  lands. 

(k)  Mining  interests  generally. 

(1)  Mining  schools  and  experimental  stations. 

[3431 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§  703.  Rule  XL 

(m)  Petroleum  conservation  on  the  public  lands 
and  conservation  of  the  radium  supply  in  the  United 
States. 

(n)  Preservation  of  prehistoric  ruins  and  objects 
of  interest  on  the  public  domain. 

(o)  Public  lands  generally,  including  entry,  ease- 
ments, and  grazing  thereon. 

(p)  Relations  of  the  United  States  with  the 
Indians  and  the  Indian  tribes. 

The  name  of  this  committee  was  on  February  2, 1951,  p.  883,  changed 
from    "Public    Lands"   to    "Interior    and    Insular 
§703-  Affairs."    The   Committee   on   Public   Lands  was 

created  in  1805  (IV,  4194).  The  jurisdiction  as  defined  in  the  rule  was 
made  effective  January  2,  1947,  as  a  part  of  the  Legislative  Reorgan- 
ization Act  of  1946  (60  Stat.  812),  and  combined  the  Committees  on 
Mines  and  Mining  (created  in  1865,  IV,  4223),  Insular  Affairs  (created 
in  1899,  IV,  4213),  Irrigation  and  Reclamation  (created  in  1893,  IV, 
4307),  Indian  Affairs  (created  in  1821,  IV,  4204),  and  Territories 
(created  in  1825,  IV,  4208).  The  subject  of  military  parks,  battle- 
fields, and  national  cemeteries  given  this  committee  under  the  Reor- 
ganization Act  was  formerly  under  jurisdiction  of  a  Committee  on 
Military  Affairs  which  was  absorbed  by  the  Committee  on  Armed 
Services.  The  subject  of  welfare  of  men  working  in  mines  formerly 
under  the  jurisdiction  of  a  Committee  on  Mines  and  Mining,  which 
committee  was  absorbed  by  the  Committee  on  Interior  and  Insular 
Affairs,  was  vested  in  the  Committee  on  Education  and  Labor  by  the 
Reorganization  Act  (60  Stat.  812) . 

It  reports  on  subjects  relating  to  the  mineral  resources  of  the  public 
lands  (IV,  4202),  forfeiture  of  land  grants  and  alien  ownership  (IV, 
4201),  public  lands  of  Alaska  (IV,  4196),  forest  reserves  (IV,  4197), 
and  national  parks  created  out  of  the  public  domain  (IV,  4199;  VII, 
1925),  admission  of  States  (IV,  4208),  preservation  of  prehistoric  ruins 
and  objects  of  interest  on  the  public  domain  (IV,  4199),  the  reservation 
at  Arkansas  Hot  Springs  (IV,  4200),  and  sometimes  to  projects  of 
general  legislation  relating  to  various  classes  of  land  claims  (IV,  4203). 


[344] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XI.  §704. 

11.  Committee  on  Interstate  and  Foreign  Com- 
merce. 

(a)  Interstate  and  foreign  commerce  generally. 
§704.  interstate        (b)  Civil  aeronautics. 

and  foreign  /    \     T    i  i  ^ 

commerce.  (c)  Inland  waterways. 

(d)  Interstate  oil  compacts  and  petroleum  and 
natural  gas,  except  on  the  public  lands. 

(e)  Public  health  and  quarantine. 

(f)  Railroad  labor  and  railroad  retirement  and 
unemployment,   except   revenue  measures  relating 
thereto. 

(g)  Regulation   of   interstate   and   foreign    com- 
munications. 

(h)  Regulation  of  interstate  and  foreign  trans- 
portation, except  transportation  by  water  not  subject 
to  the  jurisdiction  of  the  Interstate  Commerce 
Commission. 

(i)  Regulation  of  interstate  transmission  of  power, 
except  the  installation  of  connections  between 
Government  water-power  projects. 

(j)  Securities  and  exchanges. 

(k)  Weather  Bureau. 

This  committee  dates  from  1795  (IV,  4096).  Jurisdiction  delineated 
in  the  rule  became  effective  July  21,  1958,  p.  14513,  and  at  that  time 
matters  relating  to  the  Bureau  of  Standards,  standardization  of  weights 
and  measures,  and  the  metric  system  (conferred  on  the  committee  by 
the  Legislative  Reorganization  Act  of  1946,  60  Stat.  812)  was  trans- 
ferred to  the  Committee  on  Science  and  Astronautics. 

It  formerly  reported  the  river  and  harbor  appropriation  bill,  but  in 
1883  a  Committee  on  Rivers  and  Harbors  was  created  to  care  for 

[345] 


ROTES  OF  THE  HOUSE  OF 
§705,706.  Bale  XL 

this  bill  (IV,  4096).  Since  the  Sixty-sixth  Congress  these  appropria- 
tions have  been  reported  by  the  Appropriations  Committee.  The  rule 
was  amended  in  the  Seventy-fourth  Congress  depriving  the  Committee 
on  Interstate  and  Foreign  Commerce  of  its  jurisdiction  over  bills  dealing 
with  water  transportation,  Coast  Guard,  life-saving  service,  light- 
houses, lightships,  ocean  derelicts,  Coast  and  Geodetic  Survey,  and 
the  Panama  Canal  and  jurisdiction  over  those  subjects  was  vested  in 
the  Committee  on  the  Merchant  Marine  and  Fisheries  while  exclu- 
sive jurisdiction  over  bills  relating  to  radio  was  transferred  to  the 
Committee  on  Interstate  and  Foreign  Commerce  (VII,  1814,  1847). 
Bills  relating  to  the  Department  of  Commerce  and  the  Interstate 
Commerce  Commission  (IV,  4098)  are  reported  by  this  committee. 
The  Committee  on  Interstate  and  Foreign  Commerce  has  general 
jurisdiction  of  bills  affecting  domestic  and  foreign 
§705.  Jurisdiction.  commerce,  except  such  as  may  affect  the  revenue 

(IV,  4097). 

It  also  has  jurisdiction  of  bills  authorizing  the  construction  of  marine 
hospitals  and  the  acquisition  of  sites  therefor  (IV,  4110;  VII,  1816), 
the  general  subjects  of  quarantine  and  the  establishment  of  quaran- 
tine stations  (IV,  4109),  health,  spread  of  leprosy  and  other  contagious 
diseases,  international  congress  of  hygiene,  etc,  (IV,  4111). 

Bills  declaring  as  to  whether  or  not  streams  are  navigable  and  for  pre- 
venting or  regulating  hindrances  to  navigation  (IV,  4101;  VTI,  1810), 
such  as  bridges  (IV,  4099;  VII,  181.2)  and  dams,  except  such  bridges 
and  dams  as  are  a  part  of  river  improvements  (IV,  4100;  VII,  1810). 
This  committee  formerly  had  jurisdiction  of  bills  proposing  construc- 
tion of  bridges  across  navigable  streams  which  are  now  banned  (§  852; 
see  also  General  Bridge  Act,  33  U.  S,  C.  525,  533). 

The  Committee  on  Interstate  and  Foreign  Commerce  considers  bills 
§  706.  Jurisdiction  regulating  railroads  in  their  interstate  commerce  rela- 
over  commerce  br  tions  (IV,  41 14) ,  bills  relating  to  commercial  travelers 
railroads.  ^  agen^s  of  interstate  commerce  and  the  branding  of 

articles  going  into  such  commerce  (IV,  4115),  the  prevention  of  the 
carriage  of  indecent  and  harmful  pictures  or  literature  (IV,  4116),  the 
adulteration,  misbranding,  etc.,  of  foods  and  drugs  (IV,  4112),  and 
protection  of  game  through  prohibition  of  interstate  transportation 
(IV,  4117),  The  regulation  of  exportation  of  livestock,  meat,  and  other 
agricultural  products  have  also  been  to  a  certain  extent  within  the 
jurisdiction  of  this  committee  (IV,  4113). 

The  committee  exercises  jurisdiction  over  the  subject  of  commercial 
aviation  (VII,  1822). 


RULES   OF  THE  HOUSE   OF  REPRESENTATIVES 
Rule  XI.  §  707, 

12.  Committee  on  the  Judiciary. 

(a)  Judicial   proceedings,   civil   and 

§  707.  Judiciary.  .  ,~  °    7 

criminal  generally. 

(b)  Apportionment  of  Representatives. 

(c)  Bankruptcy,  mutiny,  espionage,  and  counter- 
feiting. 

(d)  Civil  liberties. 

(e)  Constitutional  amendments. 

(f)  Federal  courts  and  judges. 

(g)  Holidays  and  celebrations. 

(h)  Immigration  and  naturalization. 

(i)    Interstate  compacts  generally. 

(3)    Local  courts  in  the  Territories  and  possessions. 

(k)  Measures  relating  to  claims  against  the  United 
States. 

(1)  Meetings  of  Congress,  attendance  of  Members 
and  their  acceptance  of  incompatible  offices. 

(m)  National  penitentiaries. 

(n)  Patent  Office. 

(o)  Patents,  copyrights,  and  trade-marks. 

(p)  Presidential  succession. 

(q)  Protection  of  trade  and  commerce  against 
unlawful  restraints  and  monopolies. 

(r)  Revision  and  codification  of  the  Statutes  of 
the  United  States. 

(s)    State  and  Territorial  boundary  lines. 


[347] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§708,709.  Rule  XI. 

This  committee  dates  from  1813  (IV,  4054).     The  jurisdiction  as 
defined  in  the  rule  was  made  effective  January  2, 
*708"  1947,  as  a  part  of  the  Legislative  Reorganization 

Act  of  1946  (60  Stat.  812),  and  combined  the  Committees  on  Revision 
of  Laws  (created  1868,  IV,  4293),  Patents  (created  in  1837,  IV,  4254), 
Immigration  and  Naturalization  (created  in  1893,  IV,  4309),  Claims 
(created  in  1794,  IV,  4262),  and  War  Claims  (created  in  1883,  IV,  4269) . 

It  considers  charges  against  judges  of  the  United  States  courts  (IV, 
4062),  legislative  propositions  relating  to  the  service  of  the  Department 
of  Justice  (IV,  4067),  bills  relating  to  local  courts  in  the  District  of 
Columbia,  Alaska,  and  the  Territories  (IV,  4068),  the  establishment 
of  a  court  of  patent  appeals  (IV,  4075),  relations  of  the  courts  of  labor 
and  corporations  (IV,  4072),  crimes,  penalties,  extradition  (IV,  4069; 
VII,  1747),  construction  and  management  of  national  penitentiaries 
(IV,  4070),  matters  relating  to  trusts  and  corporations  (IV,  4057,  4059, 
4060;  VII ,  1764),  claims  of  States  against  the  United  States  (IV,  4080), 
general  legislation  relating  to  international  and  other  claims  (IV,  4078, 
4079,  4081),  bills  relating  to  the  office  of  President  (IV,  4077),  to  the 
flag  (IV,  4055),  holidays  and  celebrations  (IV,  4073),  bankruptcy  (IV, 
4065),  removal  of  political  disabilities  (IV,  4058),  prohibition  of  traffic 
in  intoxicating  liquors  (IV,  4061;  VII,  1773),  mutiny  and  willful  de- 
struction of  vessels  (IV,  4145),  counterfeiting  (IV,  4071;  VII,  1753), 
settlement  of  State  and  Territorial  boundary  lines  (IV,  4060;  VII, 
1768),  meeting  of  Congress  and  attendance  of  Members  and  their  ac- 
ceptance of  incompatible  offices  (IV,  4077;  VI,  65).  This  commit- 
tee also  has  jurisdiction  over  joint  resolutions  proposing  amend- 
ments to  the  Constitution  (IV,  4056;  VII,  1779).  It  also  reports  on 
important  questions  of  law  relating  to  subjects  naturally  within  the 
jurisdiction  of  other  committees  (IV,  4063) . 

13.  Committee  on  Merchant  Marine  and  Fish- 
eries. 

(a)  Merchant  marine  generally. 
§709.  Merchant  (b)  Coast  and  Geodetic  Survey. 

marine  ^ 

and  fisheries.  (c)  Coast  Guard,  including  lif  esaving 

service,  lighthouses,  lightships,  and  ocean  derelicts. 


RTJUES  OP  Tmi  HOUSE  OF  REPRJESENTATTVES 
Rule  XL  §  710. 

(d)  Fisheries    and    wildlife,    including    research, 
restoration,  refuges,  and  conservation. 

(e)  Measures  relating  to  the  regulation  of  common 
carriers  by  water    (except  matters  subject  to   the 
jurisdiction  of  the  Interstate  Commerce  Commission) 
and  to  the  inspection  of  merchant  marine  vessels, 
lights   and   signals,   lifesaving   equipment,   and   fire 
protection  on  such  vessels. 

(f)  Merchant  marine  officers  and  seamen. 

(g)  Navigation    and    the    laws    relating    thereto, 
including  pilotage. 

(h)  Panama  Canal  and  the  maintenance  and  oper- 
ation of  the  Panama  Canal,  including  the  administra- 
tion, sanitation,  and  government  of  the  Canal  Zone; 
and  interoceanic  canals  generally. 

(i)  Registering  and  licensing  of  vessels  and  small 
boats. 

(j)  Rules  and  international  arrangements  to  pre- 
vent collisions  at  sea. 

(k)  United  States  Coast  Guard  and  Merchant 
Marine  Academies. 

This  committee  was  established  in  1887  (IV,  4129;  VII,  1847,  1848), 
and  its  jurisdiction  enlarged  and  further  defined  by 
§  the  Legislative  Reorganization  Act  of  1946  (60  St-at.  812). 

The  jurisdiction  of  this  committee  includes  the  general  subjects  of 
shipbuilding,  admission  of  foreign-built  ships,  registering  and  licensing 
of  vessels  (IV,  4134),  including  pleasure  yachts  (IV,  4143),  tonnage 
taxes  and  fines  and  penalties  on  vessels  (IV,  4131;  VII,  1856),  the 
extension  and  increase  of  the  merchant  marine  (IV,  4138),  navigation 
and  the  laws  relating  thereto  (IV,  4130),  pilotage  (IV,  4136),  the  nam- 
ing and  measuring  of  vessels  (IV,  4132),  rules  and  international  arrange- 


[349] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 

§§  711, 712.  Rul«*  XL 

ments  to  prevent  collisions  at  sea  (IV,  4135),  and  the  shipping,  wages, 
treatment  (IV,  4140),  and  health  of  sailors  (IV,  4141).  The  com- 
mittee has  also  exercised  a  general  jurisdiction  over  subjects  relating 
to  inspection  of  steam  vessels  as  to  hulls  and  boilers  (IV,  4133;  VII, 
1854),  lights  and  signals  (IV,  4135),  and  protection  from  fixe  on  vessels 
(IV,  4141),  collisions,  coasting  districts,  marine  schools,  etc.  (IV, 
4146;  VII,  1857),  regulation  of  small  vessels  propelled  by  naphtha,  etc., 
and  transportation  of  inflammable  substances  on  passenger  vessels 
(IV,  4142),  the  titles,  conduct,  and  licensing  of  officers  of  vessels, 
(IV,  4139),  and  regulation  of  shipping  in  Hawaii  (IV,  4130).  The 
committee  exercises  jurisdiction  as  to  the  seal  herds  and  other  revenue 
producing  animals  of  Alaska  (VII,  1725,  1851). 

14.  Committee  on  Post  Office  and  Civil  Service. 

(a)  Census  and  the  collection  of  statistics  generally. 
§711.  Post  office       (b)  Federal  Civil  Service  generally, 
and  civil  service.       ^  National  Archives. 

(d)  Postal-savings  banks. 

(e)  Postal  service  generally,  including  the  railway 
mail  service,  and  measures  relating  to  ocean  mail  and 
pneumatic-tube  service;  but  excluding  post  roads. 

(f)  Status  of  officers  and  employees  of  the  United 
States,  including  their  compensation,  classification, 
and  retirement. 

This  committee  was  created  January  2,  1947,  as  a  part  of  the  Leg- 
islative  Reorganization  Act  of  1946  (60  Stat.  812; 
and  combined  the  former   committees   on    "Post- 
Office  and  Post-Roads"  (created  in  1808,  IV,  4190),  "Civil  Service" 
(created  in  1893,  IV,  4296),  and  "Census"  (created  in  1901,  IV,  4351). 
Matters  relating  to  post-roads  were  transferred  to  the  Committee  on 
Public  Works.     The  committee  also  has  jurisdiction  of  the  National 
Archives,  formerly  within  the  jurisdiction  of  a  Committee  on  the 
Library,  and  the  census  and  collection  of  statistics  generally  formerly 
within  the  jurisdiction  of  a  Committee  on  the  Census. 

[350] 


RUIZES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XI.  §  713. 

15.  Committee  on  Public  Works. 

(a)  Flood  control  and  improvement  of  rivers  and 
harbors. 

§  713.  Public  Works.  /i   \     •»*•  ^     ,-  ,          i         ^ 

(b)  Measures  relating  to  the  Capitol 
Building  and  the  Senate  and  House  Office  Buildings. 

(c)  Measures  relating  to  the  construction  or  main- 
tenance of  roads  and  post  roads,  other  than  appro- 
priations therefor;  but  it  shall  not  be  in  order  for  any 
bill  providing  general  legislation  in  relation  to  roads 
to  contain  any  provision  for  any  specific  road,  nor 
for  any  bill  in  relation  to  a  specific  road  to  embrace 
a  provision  in  relation  to  any  other  specific  road. 

(d)  Measures  relating  to  the  construction  or  recon- 
struction, maintenance,  and  care  of  the  buildings  and 
grounds  of  the  Botanic  Gardens,   the  Library  of 
Congress,  and  the  Smithsonian  Institute. 

(e)  Measures  relating  to  the  purchase  of  sites  and 
construction  of  post  offices,  customhouses,  Federal 
courthouses,  and  Government  buildings  within  the 
District  of  Columbia. 

(f)  Oil  and  other  pollution  of  navigable  waters. 

(g)  Public  buildings  and  occupied  or  improved 
grounds  of  the  United  States  generally. 

(h)  Public  reservations  and  parks  within  the  Dis- 
trict of  Columbia,  including  Rock  Creek  Park  and 
the  Zoological  Park. 

(i)  Public  works  for  the  benefit  of  navigation, 
including  bridges  and  dams  (other  than  international 
bridges  and  dams) . 

(j)  Water  power. 

[351] 


RULES  OF   THE   HOUSE   OF   REPRESENTATIVES 

§§  714-717.  Rule  XL 

This  committee  was  created  and  the  jurisdiction  as  defined  in  the 
rule  made  effective  January  2,  1947,  as  a  part  of 
§714'  the    Legislative    Reorganization    Act    of  1946,   60 

Stat.  812,  and  combined  the  Committees  on  Flood  Control  (created 
1916,  VII,  2069),  Public  Buildings  and  Grounds  (created  in  1837, 
IV,  4231),  Rivers  and  Harbors  (created  in  1883,  IV,  4118),  and  Heads 
(created  June  2,  1913,  VII,  2065).  Reports  from  this  committee 
authorizing  the  improvement  of  rivers  and  harbors  are  privileged 
(§  726),  and  have  privilege  in  the  Committee  of  the  Whole  (§  869). 

16.  Committee  on  Rules. 

(a)  The  rules,  joint  rules,  and  order 

§  715.  Rules.  *•   i          •  <•    ,1        TT 

of  business  of  the  House. 

(b)  Recesses  and  final  adjournments  of  Congress. 

(c)  The  Committee  on  Rules  is  authorized  to  sit 
and  act  whether  or  not  the  House  is  in  session. 

The  jurisdiction  defined  in  the  rule  was  made  effective  January  2, 
.716  1947,  as  a  part  of  the  Legislative  Reorganization 

Act  of  1946  (60  Stat.  812).  Paragraph  (c)  is  from 
Sec.  134  (c)  of  that  Act.  The  committee  has  had  authority  to  sit  during 
sessions  of  the  House,  however,  since  1893  (IV,  4546) .  The  subject  of 
recesses  and  final  adjournments  was  formerly  under  the  jurisdiction  of 
the  Committee  on  Ways  and  Means. 

This  committee,  which  had  existed  as  a  select  committee  from  1789, 
became  a  standing  committee  in  1880  (IV,  4321;  VII,  2047).  The 
Speaker  was  first  made  a  member  of  the  committee  in  1858  (IV,  4321), 
and  ceased  to  be  a  member  on  March  19,  1910  (VII,  2047).  However, 
the  Legislative  Reorganization  Act  of  1946  deleted  from  the  former 
rule  the  prohibition  against  the  Speaker  serving  on  the  committee. 

Primarily  the  jurisdiction  of  this  committee  is  over  propositions  to 
§  717  make  or  change  the  rules  (V,  6770,  6776 ;  VII,  2047) , 

for  the  creation  of  committees  (IV,  4322;  VII,  2048), 
and  directing  them  to  make  investigations  (IV,  4322-4324;  VII,  2048). 
It  also  reports  resolutions  relating  to  the  hour  of  daily  meeting  and  the 
days  on  which  the  House  shall  sit  (IV,  4325) ,  and  orders  relating  to  the 
use  of  the  galleries  during  the  electoral  count  (IV,  4327). 


[352] 


RULES   OP  THE  HOUSE  OF  REPRESENTATIVES 
Bule  XL  §§  718. 

Since  1883  the  Committee  on  Rules  has  reported  special  orders  pro- 
s  ecial  orders  viding  times  and  methods  for  consideration  of 

p  "  special  bills  or  classes  of  bills,  thereby  enabling  the 

House  by  majority  vote  to  forward  particular  legislation,  instead  of 
being  forced  to  use  for  the  purpose  the  motion  to  suspend  the  rules, 
which  requires  a  two-thirds  vote  (IV,  3152;  V,  6870;  for  forms  of,  IV, 
3238-3263). 

Special  orders  may  still  be  made  by  suspension  of  the  rules  (IV, 
3154)  or  by  unanimous  consent  (IV,  3165,  3166;  VII,  758);  but  it  is 
not  in  order,  by  motion  in  the  House,  to  provide  that  a  subject  be 
made  a  special  order  for  a  given  date  (IV,  3163),  or  to  make  a  special 
order  by  a  motion  to  postpone  to  a  day  certain  (IV,  3164).  But  before 
the  adoption  of  rules,  and  consequently  before  there  is  a  rule  as  to  the 
order  of  business,  a  Member  may  offer  a  special  order  for  immediate 
consideration  (V,  4971,  5450).  A  special  order  reported  by  the  Com- 
mittee on  Rules  must  be  agreed  to  by  a  majority  vote  of  the  House 
(IV,  3169). 

It  is  not  in  order  to  move  to  postpone  a  special  order  providing  for 
the  consideration  of  a  class  of  bills  (V,  4958),  but  a  bill  which  comes 
before  the  House  by  the  terms  of  a  special  order  merely  assigning  the 
day  for  its  consideration  may  be  postponed  by  a  majority  vote  (IV, 
3177-3182).  A  motion  to  rescind  a  special  order  is  not  privileged  un- 
der the  rules  regulating  the  order  of  business  (IV,  3173,  3174;  V,  5323). 

A  motion  to  amend  the  Rules  of  the  House  does  not  present  a  ques- 
tion of  privilege  (VIII,  3377),  overruling  (VIII,  3376). 

For  further  discussion  of  the  Committee  on  Rules  see  §  728. 

17.  Committee  on  Science  and  Astronautics. 

(a)  Astronautical  research  and  development,  in- 
cluding resources,  personnel,  equipment,  and  facilities. 
§718.  science  and  (b)  Bureau  of  Standards,  standardi- 
Astronautics.  zation  of  weights  and  measures  and 

the  metric  system. 

(c)  National  Aeronautics  and  Space  Administra- 
tion. 

(d)  National  Aeronautics  and  Space  Council. 

[353] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§§719-720. 

(e)  National  Science  Foundation. 

(f)  Outer  space,  including  exploration  and  con- 
trol thereof. 

(g)  Science  Scholarships. 

(h)  Scientific  research  and  development. 

This  committee  was  established  July  21,  1958,  p.  14513.    It  has 
jurisdiction  formerly  vested  in  a  Select  Committee 
5  719<  on  Astronautics  and  Space  Exploration,  established 

March  5,  1958,  p.  3443,  and,  in  addition  thereto,  jurisdiction  over 
matters  relating  to  the  Bureau  of  Standards  (transferred  from  the 
Committee  on  Interstate  and  Foreign  Commerce)  and  science 
scholarships. 

18.  Committee  on  Un-American  Activities. 

(a)  Un-American  activities. 

(b)  The  Committee  on  Un-American  Activities,  as 
§720.  un-American    &  whole  or  by  subcommittee,  is  author- 
Activities.  ize(j  ^0  make  from  time  to  time  investi- 
gations of  (1)  the  extent,  character,  and  objects  of 
un-American  propaganda  activities  in  the  United 
States,  (2)  the  diffusion  within  the  United  States 
of  subversive  and  un-American  propaganda  that  is 
instigated  from  foreign  countries  or  of  a  domestic 
origin  and  attacks  the  principle  of  the  form  of  govern- 
ment as  guaranteed  by  our  Constitution,  and  (3)  all 
other  questions  in  relation  thereto  that  would  aid 
Congress  in  any  necessary  remedial  legislation,. 

The  Committee  on  Un-American  Activities  shall 
report  to  the  House  (or  to  the  Clerk  of  the  House 
if  the  House  is  not  in  session)  the  results  of  any  such 
investigation,  together  with  such  recommendations 
as  it  deems  advisable. 

[354] 


RULES   OF  THE   HOUSE  OF   REPRESENTATIVES 
Rule  XI.  §§  721-722. 

For  the  purpose  of  any  such  investigation,  the 
Committee  on  Un-American  Activities,  or  any  sub- 
committee thereof,  is  authorized  to  sit  and  act  at 
such  times  and  places  within  the  United  States, 
whether  or  not  the  House  is  sitting,  has  recessed,  or 
has  adjourned,  to  hold  such  hearings,  to  require  the 
attendance  of  such  witnesses  and  the  production  of 
such  books,  papers,  and  documents,  and  to  take  such 
testimony,  as  it  deems  necessary.  Subpenas  may 
be  issued  under  the  signature  of  the  chairman  of  the 
committee  or  any  subcommittee,  or  by  any  member 
designated  by  any  such  chairman,  and  may  be  served 
by  any  person  designated  by  any  such  chairman  or 
member. 

This  committee  was  established  as  a  standing  committee  on  January 
3,  1945,  p.  10.     It  has  jurisdiction  of  resolutions  to 
§    L  define  communism  (Mar.  20,  1947,  p.  23 15,  2343)  and 

also  bills  to  protect  the  United  States  against  certain  un-American  and 
subversive  activities  by  requiring  registration  of  Communist  organiza- 
tions (Subversive  Activities  Control  Act  of  1950,  64  Stat.  987). 

19.  Committee  on  Veterans'  Affairs. 

(a)  Veterans'  measures  generally. 
§722.  veterans*  O3)  Compensation,  vocational  reha- 

Affairs.  bilitation,  and  education  of  veterans. 

(c)  Life  insurance  issued  by  the  Government  on 
account  of  service  in  the  armed  forces. 

(d)  Pensions  of  all  the  wars  of  the  United  States, 
general  and  special. 

(e)  Readjustment  of  servicemen  to  civil  life. 

(f)  Soldiers'  and  sailors'  civil  relief. 

[355] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§§723-725.  Rule  XI. 

(g)  Veterans'  hospitals,  medical  care,  and  treat- 
ment of  veterans, 

This  committee  was  established  January  2,  1947,  as  a  part  of  the 
Legislative  Reorganization  Act  of  1946   (60  Stat 
5723'  812),  and  combined  the  Committee  on  World  War 

Veterans7  Legislation  (created  January  18,  1924,  VII,  2077),  Pensions 
(an  offshoot  from  the  old  Committee  on  Pensions  and  Revolutionary 
Claims  which  was  established  in  1813,  IV,  4258,  4260)  and  Invalid 
Pensions  (also  an  offshoot  of  the  old  Committee  on  Pensions  and 
Revolutionary  Claims  established  in  1813).  Vocational  Rehabilitation 
except  that  pertaining  to  veterans  is  under  the  jurisdiction  of  the 
Committee  on  Education  and  Labor. 

20.  Committee  on  Ways  and  Means. 

(a)  Customs,  collection  districts,  and  ports  of  entry 
§724.  Wafs  .nd       sad  delivery. 
Means-  (b)  National  social  security. 

(c)  Reciprocal  trade  agreements. 

(d)  Revenue  measures  generally. 

(e)  Revenue  measures  relating  to  the  insular  pos- 
sessions. 

(f)  The  bonded  debt  of  the  United  States. 

(g)  The  deposit  of  public  moneys, 
(h)  Transportation  of  dutiable  goods. 

As  a  select  committee  Ways  and  Means  dates  from  1789.    It  was 
made  a  standing  committee  in  1802.    Originally  it 
"  considered  both  revenue  and  appropriations;  but  in 

1865  the  appropriation  bills  were  given  to  the  Committee  on  Appro- 
priations and  certain  other  bills  to  the  Committee  on  Banking  and 
Currency  (IV,  4020).  The  rule  was  also  amended  April  5, 1911,  p.  58. 
The  jurisdiction  of  the  Committee  on  Ways  and  Means  was  further  de- 
fined in  the  Legislative  Reorganization  Act  of  1946  (60  Stat.  812) .  The 
subject  of  recesses  and  final  adjournments  formerly  within  the  juris- 
diction of  this  committee  was,  under  the  Reorganization  Act,  trans- 
ferred to  the  Committee  on  Rules.  The  committee  is  authorized  and 
directed,  in  conjunction  with  others,  to  report  a  legislative  budget  for 
the  ensuing  year,  accompanied  by  a  concurrent  resolution  adopting 
such  budget,  and  fixing  the  maximum  amount  to  be  appropriated  for 
expenditure  in  such  year  (§  943). 

[356] 


RULES    OF  THE   HOUSE   OF  REPRESENTATIVES 
Rule  XT.  §726. 

The  revenue  jurisdiction  extends  to  such  subjects  as  transportation 
of  dutiable  goods,  collection  districts,  ports  of  entry  and  delivery  (IV, 
4026),  customs  unions,  reciprocity  treaties  (IV,  4021),  revenue  relations 
of  the  United  States  with  Puerto  Rico  (IV,  4025),  the  revenue  bills 
relating  to  agricultural  products  generally,  excepting  oleomargarine 
(IV,  4022),  and  tax  on  cotton  and  grain  futures.  The  committee 
formerly  had  jurisdiction  as  to  seal  herds  and  other  revenue  producing 
animals  in  Alaska  but  this  jurisdiction  was  changed  in  the  6Sth  Con- 
gress (VII,  1725,  1851)  to  Merchant  Marine  and  Fisheries. 

The  committee  has  jurisdiction  of  subjects  relating  to  the  Treasury 
of  the  United  States  and  the  deposit  of  the  public  moneys  (IV,  4028) , 
but  it  failed  to  make  good  a  claim  to  the  subjects  of  "national  finances" 
and  "preservation  of  the  Government  credit"  (IV,  4023). 

The  committee  in  the  earlier  practice  reported  resolutions  distribut- 
ing the  President's  annual  message  (IV,  4030),  but  since  the  first 
session  of  the  Sixty-fourth  Congress  this  practice  has  been  discontinued 
(VIII,  3350). 

21.    The  following-named  committees  shall  have 
« 79*  i>  -  -i    *        leave  to  report  at  any  time  on  the 

§  726.  Privileged  •*•   fc  *' 

reports  of  matters  herein  stated,   namely:    The 

committees.  Committee  on  Appropriations — on  the 

general  appropriation  bills;  the  Committee  on  House 
Administration — on  the  right  of  a  Member  to  his 
seat,  enrolled  bills,  on  all  matters  referred  to  it  of 
printing  for  the  use  of  the  House  or  the  two  Houses, 
and  on  all  matters  of  expenditure  of  the  contingent 
fund  of  the  House;  the  Committee  on  Interior  and 
Insular  Affairs — on  bills  for  the  forfeiture  of  land 
grants  to  railroad  and  other  corporations,  bills  pre- 
venting speculation  in  the  public  lands,  bills  for  the 
reservation  of  the  public  lands  for  the  benefit  of 
actual  and  bona  fide  settlers,  and  bills  for  the  admis- 
sion of  new  States ;  the  Committee  on  Public  Works — 
on  bills  authorizing  the  improvement  of  rivers  and 
harbors ;  the  Committee  on  Rules — on  rules,  joint  rules, 
and  order  of  business;  the  Committee  on  Veterans' 

025S10— H.  Doc.  459,  S6-2 24        [357] 


RULES   OF   THE   HOUSE   OF   REPRESENTATIVES 
5  727.  Rnle  XL 

Affairs — on  general  pension  bills;  the  Committee  on 
Ways  and  Means — on  bills  raising  revenue. 

The  beginnings  of  this  rule  appear  as  early  as  1812,  but  it  was  in 
§727.  Origin  and  1880  that  the  various  provisions  were  consolidated 
effect  of  the  rule  in  one  rule.  The  rule  was  amended  by  the  Legisla- 

ting privilege  to  tive  Reorganization  Act  of  1946,  60  Stat.  812,  and  on 
certain  reports.  February  2,  1951,  p.  883.  At  the  time  these  privi- 

leges originated  all  reports  were  made  on  the  floor,  and  often  with  great 
difficulty  because  of  the  pressure  of  business  (IV,  4621) .  By  giving  this 
privilege  the  most  important  matters  of  business  were  greatly  expedited. 
In  1890  a  rule  was  adopted  providing  that  reports  should  be  made  by 
filing  with  the  Clerk;  but  privileged  reports  must  still  be  made  from  the 
floor  (IV,  3146;  VIII,""  2230).  Thus  the  privilege  of  itself  would  now 
be  a  disadvantage  were  it  not  for  the  fact  that,  except  for  general 
appropriation  bills  on  which  printed  hearings  and  reports  must  be 
available  for  three  days  (§  848),  the  right  of  reporting  at  any  time 
gives  the  right  of  immediate  consideration  by  the  House  (IV,  3131, 
3132,  3142-3147;  VIII,  2291,  2312),  and  the  matter  so  reported  re- 
mains privileged  until  disposed  of  (IV,  3145).  The  House  proceeds  to 
the  consideration  of  privileged  questions  only  on  motion  directed  to 
be  made  by  the  several  committees  reporting  such  questions  (VIII, 
2310).  Privileged  questions  reported  adversely  have  the  same  status 
so  far  as  their  privilege  is  concerned  as  those  reported  favorably  (VI, 
413;  VIII,  2310). 

The  matters  reported  under  the  provisions  of  this  rule  are  denomi- 
nated "privileged  reports"  or  "privileged  questions,"  and  since  the 
privilege  relates  merely  to  the  order  of  business  under  the  rules,  they 
must  be  distinguished  from  "questions  of  privilege"  which  relate  to  the 
safety  or  dignity  of  the  House  itself  defined  in  Rule  IX  (III,  2718). 
Therefore  "questions  of  privilege"  take  precedence  over  these  matters 
which  are  privileged  under  the  rules  (III,  2526-2530;  V,  6454;  VIII, 
3465). 

Privileged  questions  interrupt  the  regular  order  of  business  as  estab- 
lished by  Rule  XXIV,  but  when  they  are  disposed  of  it  continues  on 
from  the  point  of  interruption  (IV,  3070,  3071).  But  the  Speaker  has 
declined  to  allow  a  call  of  committees  to  be  interrupted  by  a  privileged 
report  (IV,  3132).  The  presence  of  matter  not  privileged  with  privi- 
leged matter  destroys  the  privileged  character  of  a  bill  (IV,  4622,  4624, 
4633,  4640,  4643;  VIII,  2289),  or  resolution  (VIII,  2300),  and  when 
the  text  of  a  bill  contains  nonprivileged  matter,  privilege  may  not  be 
created  by  a  committee  amendment  in  the  nature  of  a  substitute  not 
containing  the  nonprivileged  matter  (IV,  4623) . 

The  House  may  give  a  committee  leave  to  report  at  any  time  only 
by  the  process  of  changing  the  rules  (III,  1770). 

[358] 


RULES   OF  THE   HOUSE   OF   REPRESENTATIVES 
Rule  XI.  §  728. 

The  privilege  given  by  this  rule  to  the  Committee  on  Rules  is  confined 
§728.  The  privilege  to  "action  touching  rules,  joint  rules,  and  order  of 
of  individual  business"  and  this  committee  may  not  report  as  privi- 

committees  for  leged  a  concurrent  resolution  providing  for  a  Senate 
reports-  investigating  committee  (VIII,  2255),  or  provide  for 

the  appointment  of  a  clerk  (VIII,  2256) ;  but  the  privilege  has  been  held 
to  include  the  right  to  report  special  orders  for  the  consideration  of 
individual  bills  or  classes  of  bills  (V,  6774),  or  the  consideration  of  a 
specified  amendment  to  a  bill  and  prescribing  a  mode  of  considering 
such  amendment  (VIII,  2258).  A  special  rule  providing  for  the  con- 
sideration of  a  bill  is  not  invalidated  by  the  fact  that  at  the  time  the 
rule  was  reported,  the  bill  was  not  on  the  Calendar  (VIII,  2259). 

The  privilege  of  the  Committee  on  Ways  and  Means  to  report,  "bills 
raising  revenue"  is  broadly  construed  to  cover  bills  relating  to  the 
revenue  (IV,  3076,  4624,  4625).  Likewise,  a  bill  exempting  profits 
on  Treasury  bills  from  taxation  (VIII,  2281)  and  a  proposition  relating 
to  the  number  of  internal  revenue  collectors  and  collection  districts 
(VIII,  2233)  were  held  to  be  privileged  under  the  rule,  and  if  the  major 
feature  of  the  bill  relates  to  revenue  other  matters  in  the  bill  not  relat- 
ing to  the  revenue  but  incidental  to  its  main  purpose  do  not  destroy 
the  privilege  (VIII,  2280).  A  bill  providing  for  a  tariff  commission 
(IV,  4626),  a  declaratory  resolution  on  a  subject  relating  to  the  rev- 
enue (IV,  4626,  4627) ,  a  bill  extending  the  time  of  payment  of  a  debt 
incurred  by  Austria  for  the  purchase  of  flour  from  the  United  States 
(VIII,  2278),  a  bill  amending  the  drug  importation  act  (VIII,  2279); 
and  a  bill  permitting  the  admission  under  parcel  post  of  cigars  and 
cigarettes  in  smaller  packages  (VIII,  2280)  were  held  not  to  be  within 
the  privilege.  In  order  to  come  within  the  privilege  the  bill  must 
show  on  its  face  that  it  relates  to  the  revenue  (VIII,  2280). 

The  right  of  the  Committee  on  Appropriations  to  report  at  any 
time  is  confined  strictly  to  general  appropriation  bills  (IV,  4629-4632; 
VIII,  2282-2284)  and  does  not  include  appropriations  for  specific 
purposes  (VIII,  2285)  or  resolutions  extending  appropriations  (VIII, 
2282-2284). 

The  right  of  the  Committee  on  Interior  and  Insular  Affairs  to  report 
at  any  time  permits  the  including  of  matters  necessary  to  accomplish- 
ment of  the  purposes  for  which  privilege  is  given  (IV,  4633,  4637- 
4639;  VIII,  2288-2990;  May  21,  1958,  p.  9216). 

Reports  from  the  Committee  on  House  Administration  authorizing 
appropriations  from  the  Treasury  directly  for  compensation  of  em- 
ployees (IV,  4645)  or  fixing  the  salaries  of  employees  are  not  privileged 
(VIII,  2302). 

[359] 


RULES  OP  THE  HOUSE  OF  REPRESENTATIVES 
§§729-730.  Rule  XI. 

The  privilege  of  the  Committee  on  Public  Works  is  confined  to  the 
improvement  of  rivers  and  harbors,  and  provisions  for  the  improve- 
ment of  canals  or  artificial  waterways  are  not  privileged  (VIII,  2287). 

The  term  "general  pension  bills"  is  construed  to  mean  bills  or  legisla- 
tion general  in  character,  such  as  extending  the  provisions  of  the  pension 
laws  to  an  additional  class,  as  distinguished  from  bills  of  a  private 
character  (VIII,  2291,  2292),  and  was  held  to  include  a  bin  authorizing 
monthly  payment  of  pensions  in  lieu  of  quarterly  payments  (VIII, 
2291). 

22.  It  shall  always  be  in  order  to  call  up  for  con- 
j  729.  Privilege  of  sldcratlon  a  report  from  the  Committee 
reports  from  on  Rules  (except  it  shall  not  be  called 
RouTJd011  up  for  consideration  on  the  same  day 

limitations  thereon.       ^  ^   presente(l  to   ^  HoUSC,    UllleSS   SO 

determined  by  a  vote  of  not  less  than  two-thirds  of 
the  Members  voting,  but  this  provision  shall  not 
apply  during  the  last  three  days  of  the  session),  and, 
pending  the  consideration  thereof,  the  Speaker  may 
entertain  one  motion  that  the  House  adjourn;  but 
after  the  result  is  announced  he  shall  not  entertain 
any  other  dilatory  motion  until  the  said  report  shall 
have  been  fully  disposed  of.  The  Committee  on 
Rules  shall  not  report  any  rule  or  order  which  shall 
provide  that  business  under  paragraph  7  of  rule 
XXIV  shall  be  set  aside  by  a  vote  of  less  than  two- 
thirds  of  the  Members  present;  nor  shall  it  report 
any  rule  or  order  which  shall  operate  to  prevent  the 
motion  to  recommit  being  made  as  provided  in  para- 
graph 4  of  rule  XVI. 

The  Committee  on  Rules,  "by  uniform  practice  of  the  House," 
§730  exercised  the  privilege  of  reporting  at  any  time  as 

early  as  1888.  The  right  to  report  at  any  time  is 
confined  to  privileged  matters  (VIII,  2255).  This  was  probably  the 
survival  of  a  practice  which  existed  as  early  as  1853  of  giving  the 
privilege  of  reporting  at  any  time  to  this  committee  for  a  session  (IV, 
4650).  In  1890  the  committee  was  included  among  the  committees 

[360] 


RULES   OP   THE    HOUSE    OF  REPRESENTATIVES 
Rule  XL  §§  731-732. 

whose  reports  were  privileged  by  rule.  The  present  rule  was  adopted 
in  1892  (IV,  4621),  amended  on  March  15,  1909,  and  the  matter  in 
parentheses  was  adopted  January  IS,  1924,  p.  1139,  1141, 

Although  highly  privileged,  a  report  from  the  Committee  on  Rules 
yields  to  questions  of  privilege  (VIII,  3491),  and  is  not  in  order  after 
the  House  has  voted  to  go  into  Committee  of  the  Whole  (V,  6781). 
Also  a  conference  report  has  precedence  of  it,  even  when  the  yeas  and 
nays  and  previous  question  have  been  ordered  (V,  6449).  Formerly 
if  a  report  from  the  Committee  on  Rules  contained  substantive  propo- 
sitions, a  separate  vote  could  be  had  on  each  proposition  (VIII,  2271, 
2272,  2274,  3167) ;  but  these  decisions  were  nullified  by  the  adoption 
of  the  proviso  to  clause  6  of  Rule  XVI. 

In  the  later  practice  it  has  been  held  that  the  question  of  considera- 
tion may  not  be  raised  against  a  report  from  the 
§731.  Consideration  Committee  on  Rules  (V,  4961-4963;  VIII,  2440, 
cannot  be  raised.  2441).  The  clause  forbidding  dilatory  motions  has 
been  construed  strictly  (V,  5740-5742),  and  the  motion  to  commit  after 
the  ordering  of  the  previous  question  has  been  excluded  in  the  later 
practice  (V,  5593-5601;  VIII,  2270,  2750),  as  have  appeals  and  motions 
to  reconsider  (V,  5739). 

A  motion  to  recommit  a  special  rule  from  the  Committee  on  Rules  is 
not  in  order  (VIII,  2270,  2753). 

A  special  rule  providing  that  a  House  bill  with  Senate  amendments 
shall  be  taken  from  the  Speaker's  table,  Senate  amendments  disagreed 
to,  conference  agreed  to,  and  that  the  Speaker  shall  without  intervening 
motion  appoint  conferees,  is  not  in  violation  of  clause  22  of  Rule 
XI,  since  the  motion  to  recommit  may  be  made  on  the  conference 
report  (VIII,  2266). 

But  where  the  provision  of  the  resolution  is  to  ask  for  a  conference, 
giving  the  Senate  the  right  of  first  acting  on  the  conference  report,  and 
providing  for  the  appointment  of  the  conferees  without  intervening 
motion,  such  resolution  would  be  in  contravention  of  the  rule  because 
the  Senate  might  reject  the  conference  report,  thereby  denying  the 
minority  of  the  House  any  opportunity  of  making  a  motion  to  recom- 
mit (VIII,  2264). 

While  the  Committee  on  Rules  is  forbidden  to  report  special  orders 
abrogating  the  Calendar  Wednesday  Rule  or  excluding  the  motion  to 
recommit  after  the  previous  question,  a  resolution  making  possible 
that  ultimate  result  was  held  in  order  (VIII,  2267). 

23.  The  Committee  on  Rules  shall  present  to  the 

House  reports  concerning  rules,  joint 

§732"  rules,   and  order  of  business,   within 

three  legislative   days  of  the  time  when  ordered 

[361] 


RULES   OF  THE   HOUSE   OF  REPRESENTATIVES 
§733.  Rule  XL 

reported  by  the  committee.  If  such  rule  or  order 
is  not  considered  immediately,  it  shall  be  referred 
to  the  calendar  and,  if  not  called  up  by  the 
Member  making  the  report  within  seven  legis- 
lative days  thereafter,  any  member  of  the  Rules 
Committee  may  call  it  up  as  a  question  of  privilege 
and  the  Speaker  shall  recognize  any  member  of  the 
Rules  Committee  seeking  recognition  for  that  pur- 
pose. If  the  Committee  on  Rules  shall  make  an 
adverse  report  on  any  resolution  pending  before  the 
committee,  providing  for  an  order  of  business  for  the 
consideration  by  the  House  of  any  public  bill  or  joint 
resolution,  on  days  when  it  shall  be  in  order  to  call 
up  motions  to  discharge  committees  it  shall  be  in 
order  for  any  Member  of  the  House  to  call  up  for 
consideration  by  the  House  any  such  adverse  report, 
and  it  shall  be  in,  order  to  move  the  adoption  by  the 
House  of  said  resolution  adversely  reported  not- 
withstanding the  adverse  report  of  the  Committee 
on  Rules,  and  the  Speaker  shall  recognize  the 
Member  seeking  recognition  for  that  purpose  as  a 
question  of  the  highest  privilege. 

This  paragraph  was  adopted  January  18,  1924,  amended  December 
8,  1931  (VIII,  2268),  January  3,  1949,  p.  10,  and  January  3,  1951,  p.  18. 

24.  The  Committee  on  House  Administration  shall 
§733.  Election  make  final  report  to  the  House  in  all 
contests.  contested-election  cases  not  later  than 

six  months  from  the  first  day  of  the  first  regular  ses- 
sion of  the  Congress  to  which  the  contestee  is  elected 

[362] 


KUUES   OF   THE   HOUSE   OF  KEPKESENTATIVES 
Bnle  XL  §  734. 

except  in  a  contest  from  the  Territory  of  Alaska,  in 
which  case  the  time  shall  not  exceed  nine  months. 

The  wording  of  this  rule  was  made  effective  January  2,  1947,  as  a 
part  of  the  Legislative  Reorganization  Act  of  1946  (60  Stat.  812).  It 
is  the  same  rule  as  before  with  the  exception  that  "Committee  on  House 
Administration"  has  been  inserted  instead  of  "Committee  on  Elec- 
tions" (VIII,  2277).  The  rule  was  construed  to  be  directory  and  not 
mandatory  in  that  it  did  not  prevent  the  consideration  of  an  election 
contest  reported  by  a  Committee  after  the  six  months'  period  had 
expired  (Speaker  Bankhead,  August  13,  1937,  p.  8845). 

25.  Each  standing  committee  of  the  House  (other 
&  734.  committee  *h&&  *^e  Committee  on  Appropriations) 
meetings.  shall  fix  regular  weekly,  biweekly,  or 

monthly  meeting  days  for  the  transaction  of  business 
before  the  committee,  and  additional  meetings  may 
be  called  by  the  chairman  as  he  may  deem  necessary 
and  each  such  committee  shall  meet  to  consider  any 
bill  or  resolution  pending  before  it  (a)  on  all  regular 
meeting  days  selected  by  the  committee;  (b)  upon 
the  call  of  the  chairman  of  the  committee;  (c)  if  the 
chairman  of  the  committee,  after  three  days'  con- 
sideration refuses  or  fails,  upon  the  request  of  at 
least  three  members  of  the  committee,  to  call  a 
special  meeting  of  the  committee  within  seven  calen- 
dar days  from  the  date  of  said  request,  then  upon  the 
filing  with  the  clerk  of  the  committee  of  the  written 
and  signed  request  of  a  majority  of  the  committee 
for  a  called  special  meeting  of  the  committee,  the 
committee  shall  meet  on  the  day  and  hour  specified 
in  said  written  request.  It  shall  be  the  duty  of  the 
clerk  of  the  committee  to  notify  all  members  of  the 

[363] 


EULES   OF  THE   HOUSE   OF  REPRESENTATIVES 
§735.  Rule  XL 

committee  in.  the  usual  way  of  such  called  special 
meeting. 

This  paragraph  was  adopted  December  8,  1931  (VIII,  2208)  and 
amended  January  3,  1953,  p.  24.  The  rule  now  combines  the  old  rule 
and  Sec.  133  (a)  of  the  Legislative  Reorganization  Act  of  1946  (60 
Stat.  812). 

A  committee  scheduled  to  meet  on  stated  days,  when  convened  on 
such  day  with  a  quorum  present  may  proceed  to  the  transaction  of 
business  regardless  of  the  absence  of  the  chairman  (VIII,  2213,  2214). 

A  committee  meeting  being  adjourned  by  the  chairman  for  lack  of  a 
quorum,  a  majority  of  the  members  of  the  committee  may  not,  without 
the  consent  of  the  chairman,  call  a  meeting  of  the  committee  on  the 
same  day  (VIII,  2213). 

26.  (a)  The  rules  of  the  House  are  the  rules  of  its 
committees  so  far  as  applicable,  except 

§735.  Rules  of  ,  .  j?  i  , 

committee  that  a  motion  to  recess  from  day  to 

Procedure.  fay    fe    ft    mo^iOn    Of      high    privilege    ]D 

committees.    Committees  may  adopt  additional  rules 
not  inconsistent  therewith. 

This  paragraph  was  adopted  December  8,  1931  (VIII,  2215)  and 
amended  March  23,  1955,  pp.  3569,  3585. 

A  committee  may  adopt  rules  under  which  it  will  exercise  its  functions 
(I,  707;  III,  1841,  1842;  VIII,  2214)  and  may  appoint  subcommittees 
(VI,  532)  which  should  include  majority  and  minority  representation 
(IV,  4551)  and  confer  on  them  powers  delegated  to  the  committee 
itself  (VI,  532)  but  express  authority  is  given  subcommittees  by  the 
House  (III,  1754-1759,  1801,  2499,  2504,  2508,  2517;  IV,  4548). 

(b)  Each  committee  shall  keep  a  complete  record 
of  all  committee  action.     Such  record  shall  include 
a  record  of  the  votes  on  any  question  on  which  a 
record  vote  is  demanded. 

This  provision  from  Sec.  133  (b)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules  January 
3,  1953,  p.  24. 

(c)  All  committee  hearings,  records,  data,  charts, 
and  files  shall  be  kept  separate  and  distinct  from  the 

[364] 


RULES   OF  THE   HOUSE   OF  REPRESENTATIVES 
Rule  XL  §  735. 

congressional  office  records  of  the  Member  serving 
as  chairman  of  the  committee;  and  such  records  shall 
be  the  property  of  the  House  and  all  Members  of  the 
House  shall  have  access  to  such  records.  Each  com- 
mittee is  authorized  to  have  printed  and  bound 
testimony  and  other  data  presented  at  hearings  held 
by  the  committee. 

This  provision  from  Sec.  202  (d)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules  Janu- 
ary 3,  1953,  p.  24. 

(d)  It  shall  be  the  duty  of  the  chairman  of  each 
committee  to  report  or  cause  to  be  reported  promptly 
to  the  House  any  measure  approved  by  his  committee 
and  to  take  or  cause  to  be  taken  necessary  steps  to 
bring  the  matter  to  a  vote. 

This  provision  from  Sec.  133  (c)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules  Janu- 
ary 3,  1953,  p.  24.  It  is  sufficient  authority  for  the  chairman  to  call 
up  a  bill  on  Calendar  Wednesday  (Speaker  Rayburn,  Feb.  22,  1950, 
p.  2162). 

(e)  No  measure  or  recommendation  shall  be  re- 
ported from  any  committee  unless  a  majority  of  the 
committee  were  actually  present. 

This  provision  from  Sec.  133  (d)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24. 

The  point  of  order  that  a  bill  was  reported  from  a  committee  without 
a  formal  meeting  and  a  quorum  present  comes  too  late  if  debate  has 
started  on  the  bill  in  the  House  (VIII,  2223;  Feb.  24,  1947,  p.  1374). 

(f)  Each  committee  shall,  so  far  as  practicable, 
require  all  witnesses  appearing  before  it  to  file  in 
advance  written  statements  of  their  proposed  testi- 

[365] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§736.  Hale  XI 

mony,  and  to  limit  their  oral  presentation  to  brief 
summaries  of  their  argument.  The  staff  of  each  com- 
mittee shall  prepare  digests  of  such  statements  for 
the  use  of  committee  members. 

This  provision  from  Sec.  133  (e)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24. 

(g)  All  hearings  conducted  by  standing  committees 
or  their  subcommittees  shall  be  open  to  the  public, 
except  executive  sessions  for  marking  up  bills  or  for 
voting  or  where  the  committee  by  a  majority  vote 
orders  an  executive  session. 

This  provision  from  Sec.  133  (f)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24 

(h)  Each  committee  may  fix  the  number  of  its 
members  to  constitute  a  quorum  for  taking  testi- 
mony and  receiving  evidence,  which  shall  be  not 
less  than  two. 

This  paragraph  was  adopted  March.  23,  1955,  pp.  3569,  3585. 

Alleged  perjurious  testimony  elicited  from  a  witness  during  a  period 
when  less  than  a  quorum  of  the  committee  was  in  attendance  is  not 
perjury,  for  under  such  circumstances  the  committee  is  not  a  "com- 
petent tribunal"  (Christoffel  v.  U.  S.,  338  U.  S.  84). 

(i)  The  chairman  at  an  investigative  hearing  shall 
announce  in  an  opening  statement  the  subject  of 
the  investigation. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(j)  A  copy  of  the  committee  rules,  if  any,  and 
paragraph  26  of  rule  XI  of  the  House  of  Repre- 
sentatives shall  be  made  available  to  the  witness. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

[366] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Hole  XL  §  735. 

(k)  Witnesses  at  investigative  hearings  may  be 
accompanied  by  their  own  counsel  for  the  purpose 
of  advising  them  concerning  their  constitutional 
rights. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(1)  The  chairman  may  punish  breaches  of  order 
and  decorum,  and  of  professional  ethics  on  the 
part  of  counsel,  by  censure  and  exclusion  from  the 
hearings;  and  the  committee  may  cite  the  offender 
to  the  House  for  contempt. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(m)  If  the  committee  determines  that  evidence 
or  testimony  at  an  investigative  hearing  may  tend 
to  defame,  degrade,  or  incriminate  any  person,  it 
shall — 

(1)  receive   such   evidence   or   testimony  in 
executive  session; 

(2)  afford  such  person  an  opportunity  vol- 
untarily to  appear  as  a  witness;  and 

(3)  receive    and    dispose    of    requests    from 
such  person  to  subpena  additional  witnesses. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(n)  Except  as  provided  in  paragraph  (m),  the 
chairman  shall  receive  and  the  committee  shall  dis- 
pose of  requests  to  subpena  additional  witnesses. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(o)  No  evidence  or  testimony  taken  in  executive 
session  may  be  released  or  used  in  public  sessions 
without  the  consent  of  the  committee. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

[367] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§  736,  737.  Rule  XL 

(p)  In  the  discretion  of  the  committee,  witnesses 
may  submit  brief  and  pertinent  sworn  statements  in 
writing  for  inclusion  in  the  record.  The  committee 
is  the  sole  judge  of  the  pertinency  of  testimony  and 
evidence  adduced  at  its  hearing. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

(q)  Upon  payment  of  the  cost  thereof,  a  witness 
may  obtain  a  transcript  copy  of  his  testimony  given 
at  a  public  session  or,  if  given  at  an  executive  session, 
when  authorized  by  the  committee. 

This  paragraph  was  adopted  March  23,  1955,  pp.  3569,  3585. 

27.  To  assist  the  House  in  appraising  the  admin- 
§736.  Legislative  istration  of  the  laws  and  in  developing 
^dtM  such  amendments  or  related  legislation 

as  it  may  deem  necessary,  each  standing  committee 
of  the  House  shall  exercise  continuous  watchfulness 
of  the  execution  by  the  administrative  agencies  con- 
cerned of  any  laws,  the  subject  matter  of  which  is 
within  the  jurisdiction  of  such  committee;  and,  for 
that  purpose,  shall  study  all  pertinent  reports  and 
data  submitted  to  the  House  by  the  agencies  in  the 
executive  branch  of  the  Government. 

This  provision  from  Sec.  136  of  the  Legislative  Reorganization  Act 
of  1946  (60  Stat  812)  was  made  a  part  of  the  standing  rules  January  3, 
1953,  p.  24. 

28  (a).  Each  standing  committee  (other  than  the 
§737.  committee  Committee  on  Appropriations)  is  au- 
staffs-  thorized  to  appoint  by  majority  vote 

of  the  committee  not  more  than  four  professional 
staff  members  in  addition  to  the  clerical  staffs  on  a 
permanent  basis  without  regard  to  political  affilia- 
tes] 


RULES   OF   THE   HOUSE   OF  REPRESENTATIVES 
Rule  XL  §  737. 

tions  and  solely  on  the  basis  of  fitness  to  perform  the 
duties  of  the  office;  and  said  staff  members  shall  be 
assigned  to  the  chairman  and  ranking  minority  mem- 
ber of  such  committee  as  the  committee  may  deem 
advisable.  Services  of  professional  staff  members 
may  be  terminated  by  majority  vote  of  the  com- 
mittee. Professional  staff  members  shall  not  engage 
in  any  work  other  than  committee  business  and  no 
other  duties  may  be  assigned  to  them. 

This  provision  from  Sec.  202  (a)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules  Jan- 
uary 3,  1953,  p.  24.  Additional  clerks  of  committees  are  authorized 
by  the  Committee  on  House  Administration  and  agreed  to  by  the 
House,  and  session  clerks  are  assigned  to  committees  by  similar  action 
(IV,  4535). 

There  is  no  legal  power  to  fill  a  vacancy  in  the  clerkship  of  a  com- 
mittee after  one  Congress  has  expired  and  before  the  next  House  has 
been  organized  (IV,  4539). 

An  assault  upon  the  clerk  of  a  committee  within  the  walls  of  the 
Capitol  was  held  to  be  a  breach  of  privilege  (LI,  1629) . 

The  pay  of  clerks  has  been  the  subject  of  several  decisions  (IV, 
4536-4538). 

(b)  The  clerical  staff  of  each  standing  committee, 
which  shall  be  appointed  by  a  majority  vote  of  the 
committee,  shall  consist  of  not  more  than  six  clerks, 
to  be  attached  to  the  office  of  the  chairman,  to  the 
ranking  minority  member,  and  to  the  professional 
staff,  as  the  committee  may  deem  advisable.  The 
clerical  staff  shall  handle  committee  correspondence 
and  stenographic  work,  both  for  the  committee  staff 
and  for  the  chairman  and  ranking  minority  member 
on  matters  related  to  committee  work. 

This  provision  from  Sec.  202  (c)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24. 

[369] 


RULES  OF  THE   HOUSE  OF  REPRESENTATIVES 
§738.  Bute  XL 

(c)  The  professional  staff  members  of  the  standing 
committees  shall  receive  annual  compensation,  to  be 
fixed  by  the  chairman,  ranging  from  $5,000  to  $8,880 
and  the  clerical  staff  shall  receive  annual  compensa- 
tion up  to  $8,880. 

This  provision  from  Sec.  202  (e)  of  the  Legislative  Reorganization 
Act  of  1946,  made  a  part  of  the  standing  rules  January  3,  1953,  p.  24, 
was  amended  on  August  5,  1955  (2  U.  S.  C.  72a  (e),  and  on  June  20, 
1958,  72Stat.  209). 

(d)  Subject  to  appropriations  hereby  authorized, 
the  Committee  on  Appropriations  may  appoint  such 
staff,  in  addition  to  the  clerk  thereof  and  assistants 
for  the  minority,  as  it  by  majority  vote  determines 
to  be  necessary,  such  personnel,  other  than  minority 
assistants,  to  possess  such  qualifications  as  the  com- 
mittee may  prescribe. 

This  provision  from  Sec.  202  (b)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24. 

(e)  No  committee  shall  appoint  to  its  staff  any 
experts  or  other  personnel  detailed  or  assigned  from 
any  department  or  agency  of  the  Government,  except 
with  the  written  permission  of  the  Committee  on 
House  Administration. 

This  provision  from.  Sec.  202  (f)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules 
January  3,  1953,  p.  24. 

29.  Each  committee  shall  report  to  the  Clerk  of 
*ke  ^ouse  wfthin-  fifteen  days  after 
December  31  and  June  30  of  each  year 
the  name,  profession,  and  total  salary  of  each  person 
employed  by  such  committee  or  any  subcommittee 
thereof  daring  the  period  covered  by  such  report, 
and  shall  make  an  accounting  of  funds  made  available 
to  and  expended  by  such  committee  or  subcommittee 

[8?0] 


RULES   OF   THE   HOUSE  OP  REPRESENTATIVES 

§§739,740. 

during  such  period,  and  such  information  when  re- 
ported shall  be  published  in  the  Congressional  Record. 

This  provision  from  Sec.  134  (b)  of  the  Legislative  Reorganization 
Act  of  1946  (60  Stat.  812)  was  made  a  part  of  the  standing  rules  January 
3,  1953,  p.  24. 

30.  No  committee  of  the  House,  except  the  Com- 
5739.  committees  mittees  on  Government  Operations, 
^££±L  Rules,  m  and  Un-American  Activities, 
of  House.  shall  sit,  without  special  leave,  while 

the  House  is  in  session. 

This  clause  had  its  origin  in  1794,  Exceptions  were  inserted  for 
the  Committee  on  Rules  in  1893  (IV,  4546)  and  for  the  Committees 
on  Government  Operations  and  Un-American  Activities  on  January 
3,  1953,  p.  24.  The  clause  was  eliminated  from  Rule  XI  in  the  adoption 
of  rules  for  the  80th  Congress  but  remained  effective  as  a  part  of  the 
Legislative  Reorganization  Act  of  1946,  the  applicable  provisions  of 
which  were  adopted  as  a  part  of  the  rules  of  the  House.  The  present 
form  was  made  a  part  of  the  standing  rules  January  3,  1953,  p,  24. 

A  request  that  a  committee  have  leave  to  sit  during  sessions  of  the 
House  has  no  privileged  status  in  the  order  of  business  (IV,  4547). 
Leave  for  a  committee  to  sit  during  sessions  of  the  House  does  not 
release  its  members  from  liability  to  arrest  during  a  call  of  the  House 
(IV,  3020).  The  Speaker  directed  a  bill  stricken  from  the  calendar 
where  it  was  shown  that  the  committee  reporting  it  had  sat  during 
the  session  of  the  House  without  permission  (Apr.  20,  1934,  p.  7057). 


XII 

DELEGATES  AND   RESIDENT  COMMISSIONER. 

The  Delegate  from  Hawaii  and  the  Resident  Com- 
§740.  powers  and  missioner  to  the  United  States  from 
Puerto  Rico  shaU  be  elected  to  serve  as 
additional  members  on  the  Committees 
committee  service,  on  Agriculture,  Armed  Services,  and 
Interior  and  Insular  Affairs,  and  the  Delegate  from 
Alaska  shall  be  elected  to  serve  as  an  additional 
member  on  the  Committees  on  Agriculture,  Armed 
Services,  Merchant  Marine  and  Fisheries,  and  In- 

[371] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§  741.  Rule  XH- 

terior  and  Insular  Affairs;  and  they  shall  possess  in 
such  committees  the  same  powers  and  privileges  as 
in  the  House,  and  may  make  any  motion  except  to 
reconsider. 

The  first  form  of  this  rule  was  adopted  in  1871,  and  it  was  perfected 
by  amendments  in  1876,  1880,  1887,  1892  (II,  1297),  January  2,  1947 
(Legislative  Reorganization  Act),  August  2,  1949,  p.  10618,  and 
February  2,  1951,  p.  883. 

Delegates  are  not  usually  appointed  on  committees  other  than  those 

specified,  but  there  have  been  instances  (II,  1298), 

§ 741*  and  in  one  case  a  Delegate  was  made  chairman  of  a 

select  committee  (II,  1299,  1303).     In  the  later  practice  Delegates  do 

not  vote  in  committee  (II,  1300,  1301;  VI,  243). 

The  law  provides  that  on  the  floor  of  the  House  a  Delegate  may 
debate  (II,  1290),  and  he  may  in  debate  call  a  Member  to  order  (II, 
1295).  He  may  make  any  motion  which  a  Member  may  make  except 
the  motion  to  reconsider  (II,  1291,  1292).  A  Delegate  may  make  a 
point  of  order  (VI,  240) .  A  Delegate  has  even  moved  an  impeachment 
(II,  1303).  He  may  be  appointed  a  teller  (II,  1302);  but  the  law  for- 
bids him  to  vote  (II,  1290) .  He  has  been  recognized  to  object  to  the 
consideration  of  a  bill  (VI,  241),  and  has  made  reports  for  committees 
(July  1,  1958,  p.  12870).  The  rights  and  prerogatives  of  a  Delegate  in 
parliamentary  matters  are  not  limited  to  legislation  affecting  his  own 
territory  (VI,  240). 

The  office  of  Delegate  was  established  by  ordinance  of  the  Conti- 
nental Congress  and  confirmed  by  a  law  of  Congress  (I,  400,  421). 
The  nature  of  the  office  has  been  the  subject  of  much  discussion  (I, 
400,  403,  473);  and  except  as  provided  by  law  (I,  431,  526)  the  quali- 
fications of  the  Delegate  have  been  a  subject  of  much  discussion  (I, 
421,  423,  469,  470,  473).  A  territory  or  district  must  be  organized 
by  law  before  the  House  will  admit  a  Delegate  (I,  405,  407,  411,  412). 

At  the  organization  of  the  House  the  Delegates  are  sworn  (I,  400, 
401);  but  the  Clerk  does  not  put  them  on  the  roll  (I,  61,  62).  The 
privileges  of  the  floor  with  the  right  to  debate  were  extended  to  Resident 
Commissioners  in  the  60th  Congress  (VI,  244).  Prior  to  the  inde- 
pendence of  the  Philippines  it  was  represented  in  the  House  by  Resi- 
dent Commissioners. 

A  Delegate  resigns  in  a  communication  addressed  to  the  Speaker  (II, 
1304).  He  may  be  arrested  and  censured  for  disorderly  conduct  (II, 
1305),  but  there  has  been  disagreement  as  to  whether  he  should  be 
expelled  by  a  majority  or  two-thirds  vote  (I,  469) . 

The  first  form  of  the  rule  with  reference  to  the  Resident  Commis- 
sioner was  adopted  in  1904  (II,  1306).  The  Act  of  May  17,  1932, 
changed  the  name  of  Porto  Rico  to  Puerto  Rico  (48  U.  S.  C.  731a). 

[372] 


RULES   OF   THE   HOUSE   OF  REPRESENTATIVES 
Role  HII.  §  742. 

RULE  XIII. 

CALENDAES  AND  REPORTS  OF  COMMITTEES. 

1.  There  shall  be  three  calendars  to  which  all 
§  742.  calendar,  for    business    reported    from    committees 
report,  of  com-         shall  be  referred,  viz.: 
mitteea'  First.  A  Calendar  of  the  Committee 

of  the  Whole  House  on  the  state  of  the  Union,  to 
which  shall  be  referred  bills  raising  revenue,  gen- 
eral appropriation  bills,  and  bills  of  a  public  char- 
acter directly  or  indirectly  appropriating  money  or 
property. 

Second.  A  House  Calendar,  to  which  shall  be 
referred  all  bills  of  a  public  character  not  raising 
revenue  nor  directly  or  indirectly  appropriating 
money  or  property. 

Third.  A  Calendar  of  the  Committee  of  the  Whole 
House,  to  which  shall  be  referred  all  bills  of  a  private 
character. 

This  rule  was  adopted  in  1880  and  amended  in  1911  (VI,  742);  but 
as  early  as  1820  a  rule  was  adopted  creating  calendars  for  the  Commit- 
tees of  the  Whole.  Bills  not  requiring  consideration  in  Committee  of 
the  Whole  were  considered  when  reported,  but  in  1880  the  House 
Calendar  was  created  to  remedy  the  delays  in  making  reports  caused 
by  such  consideration  (IV,  3115).  Reference  of  bills  to  calendars  is 
governed  by  text  of  bills  as  referred  to  committees  and  amendments 
reported  by  committees  are  not  considered  (VIII,  2392) . 

A  motion  to  correct  an  error  in  referring  a  bill  to  the  proper  calendar 
presents  a  question  of  privilege  (III,  2614,  2615);  but  a  mere  clerical 
error  in  the  calendar  does  not  give  rise  to  such  question  (III,  2616). 
A  bill  improperly  reported  is  not  entitled  to  a  place  on  the  calendar 
(IV,  3117). 

A  bill  on  the  wrong  calendar  may  be  transferred  to  the  proper 
calendar  as  of  date  of  original  reference  by  direction  of  the  Speaker 
(VI,  744-748;  VII,  859;  VIII,  2406;  December  7,  1950,  p.  16307). 
But  the  speaker  has  no  authority  to  change  calendar  reference  made 

62581°— H,  Doc.  459,  86-2 25       [373}   . 


RULES  OP  THE  HOUSE  OF  REPRESENTATIVES 

5§  743-745.  RuIeXIH. 

by  the  House  (VI,  749;  VII,  859).  Reports  from  the  Court  of  Claims 
do  not  remain  on  the  calendar  from  Congress  to  Congress,  even  when 
a  law  seems  so  to  provide  (IV,  3298-3302) .  In  determining  whether 
a  bill  should  be  placed  on  the  House  or  Union  Calendar,  clause  3  of 
Rule  XXIII  should  be  consulted. 

2.  All  reports  of  committees,  except  as  provided 

™"  clause  21  of  Rule  XI>  together 
with  the  views  of  the  minority,  shall 
be  delivered  to  the  Clerk  for  printing 
and  reference  to  the  proper  calendar  under  the  direc- 
tion of  the  Speaker,  in  accordance  with  the  foregoing 
clause,  and  the  titles  or  subject  thereof  shall  be 
entered  on  the  Journal  and  printed  in  the  Record: 
§744  Adverse  Provided,  That  bills  reported  adversely 
reports.  shall  be  laid  on  the  table,  unless  the 

committee  reporting  a  bill,  at  the  time,  or  any 
Member  within  three  days  thereafter,  shall  request 
its  reference  to  the  calendar,  when  it  shall  be  referred, 
as  provided  in  clause  1  of  this  rule. 

The  requirement  that  reports  shall  be  printed  does  not  mean  that  the 
report  must  be  printed  before  the  matter  reported  is  called  up  for  action, 
except  that  printed  committee  hearings  and  reports  must  be  available 
for  Members  three  calendar  days  before  consideration  of  general 
appropriation  bills  (§  848),  and  the  fact  that  a  report  was  not  printed 
as  originally  made  to  the  House  does  not  prevent  the  consideration  of 
the  matter  reported  (VIII,  2307). 

Unless  filed  with  the  report,  minority  views  may  be  presented  only 
with  the  consent  of  the  House  (IV,  4600;  VIII,  2231).  Supplemental 
reports  may  be  filed  only  by  consent  of  the  House  (VIII,  2248). 

3.  Whenever  a  committee  reports  a  bill  or  a  joint 

resolution  repealing  or  amending  any 
statute  or  part  thereof  it  shall  include 

in  its  report  or  in  an  accompanying  document — 
(1)  The  text  of  the  statute  or  part  thereof  which 

is  proposed  to  be  repealed;  and 

[374] 


ROTJES  OP    THE    HOTTSE    OF   REPRESENTATIVES 
Rule  SOI.  5  746. 

(2)  A  comparative  print  of  that  part  of  the  bill  or 
joint  resolution  making  the  amendment  and  of  the 
statute  or  part  thereof  proposed  to  be  amended, 
showing  by  stricken-through  type  and  italics,  parallel 
columns,  or  other  appropriate  typographical  devices 
the  omissions  and  insertions  proposed  to  be  made. 

This  rule  was  adopted  January  28,  1929  (VIII,  2234),  and  the  section 
numbers  were  changed  in  the  adoption  of  rules  January  3,  1953,  p.  24. 

In  construing  the  rule  requiring  reports  to  show  proposed  changes  in 
existing  law,  the  bill  as  originally  introduced  governs,  and  committee 
amendments  striking  out  such  proposals  are  not  considered  (VIII, 
2242) .  Failure  of  a  committee  report  to  comply  with  the  rule  may  be 
remedied  by  supplemental  report  (VIII,  2247),  but  a  supplemental 
report  may  be  filed  only  by  consent  of  the  House  (VIII,  2248) .  Although 
a  bill  propose  but  one  minor  and  obvious  change  in  existing  law,  the 
failure  of  the  report  to  indicate  the  change  is  hi  violation  of  the  rule 
(VIII,  2236).  The  statute  proposed  to  be  amended  must  be  quoted 
in  the  report  and  it  is  not  sufficient  that  it  is  incorporated  in  the  bill 
(.VIII,  2238) .  Under  the  rule  the  committee  report  on  a  bill  amending 
existing  law  by  the  addition  of  a  proviso  should  quote  in  full  the  sec- 
tion immediately  preceding  the  proposed  amendment  (VIII,  2237). 
Bills  held  to  be  in  violation  of  the  rule  are  automatically  recommitted 
to  the  respective  committees  reporting  them  (VIII,  2237,  2245,  2250) . 
A  bill  having  been  recommitted  for  failure  to  conform  to  the  rule, 
further  proceedings  are  de  novo  and  the  bill  must  again  be  considered 
and  reported  by  the  committee  as  if  no  previous  report  had  been  made 
(VIII,  2249) .  Special  orders  pro viding  for  consideration  of  bills,  unless 
specifically  waiving  points  of  order,  do  not  preclude  the  point  of  order 
that  reports  on  such  bills  fail  to  indicate  proposed  changes  in  existing 
law  (VIII,  2245).  The  rule  applies  to  appropriation  bills  where  such 
bills  include  legislative  provisions  (VIII,  2241).  In  order  to  fall 
within  the  purview  of  the  rule  the  bill  must  seek  to  repeal  or  amend 
specifically  an  existing  law  (VIII,  2235,  2239,  2240).  The  point  of 
order  that  a  report  fails  to  comply  with  the  rule  is  properly  made  when 
the  bill  is  called  up  in  the  House  and  comes  too  late  after  the  House 
has  resolved  into  the  Committee  of  the  Whole  for  its  consideration 
(VIII,  2243-2245). 

4.  After  a  bill  has  been  favorably  reported  and 
shall  be  upon  either  the  House  or 
Union  Calendar  any  Member  may  file 
with  the  Clerk  a  notice  that  he  desires 

[375] 


RULES   OF  THE   HOUSE   OF   REPRESENTATIVES 
§746.  BuleXIIL 

such  bill  placed  upon  a  special  calendar  to  be  known 
as  the  "Consent  Calendar/'  On  the  first  and  third 
Mondays  of  each  month  immediately  after  the  read- 
ing of  the  Journal,  the  Speaker  shall  direct  the  Clerk 
to  call  the  bills  in  numerical  order,  which  have  been 
for  three  legislative  days  upon  the  "Consent  Calen- 
dar/' Should  objection  be  made  to  the  consideration 
of  any  bill  so  called  it  shall  be  carried  over  on  the 
calendar  without  prejudice  to  the  next  day  when  the 
"Consent  Calendar"  is  again  called,  and  if  objected 
to  by  three  or  more  Members  it  shall  immediately  be 
stricken  from  the  Calendar,  and  shall  not  thereafter 
during  the  same  session  of  that  Congress  be  placed 
again  thereon:  Provided,  That  no  bill  shall  be  called 
twice  on  the  same  legislative  day. 

This  rule  was  adopted  March  15,  1909,  amended  January  18,  1924; 
December  7,  1925;  December  8,  1931;  April  23,  1932  (VII,  972). 

Bills  must  be  on  the  printed  calendar  three  legislative  working  days 
in  order  to  be  eligible  for  consideration  (VII,  992,  994) .  One  Member 
having  reserved  the  right  to  object  to  the  consideration  of  a  bill,  any 
Member  may  object  (VII,  999) .  Before  debate  bills  can  be  passed  over 
on  the  calendar  by  unanimous  consent  but  after  discussion  can  not  be 
passed  over  (VII,  996).  When  a  House  bill  is  on  the  Consent  Calendar, 
by  unanimous  consent  the  House  committee  may  be  discharged  from 
the  consideration  of  a  Senate  bill  on  the  same  subject,  and  the  Senate 
bill  considered  in  lieu  of  the  House  bill  (VII,  1004). 

When  a  bill  is  made  a  special  order  (IV,  3216-3224),  or  when  unani- 
mous consent  is  given  for  its  consideration  (IV,  4823;  VIII,  2393),  the 
effect  is  to  discharge  the  Committee  of  the  Whole  and  bring  the  bill 
before  the  House  itself  for  its  consideration  (IV,  3216;  VII,  788),  and 
in  such  event  the  bill  is  considered  "in  the  House  as  in  the  Committee 
of  the  Whole"  (VIII,  2393).  Debate  under  such  procedure  may  be 
had  only  under  the  five-minute  rule  (August  23,  1935,  p.  14331; 
October  13,  1949,  p.  144(52).  The  status  of  bills  on  the  Consent 
Calendar  is  not  affected  by  their  consideration  from  another  calendar 
and  such  bills  may  be  called  up  for  consideration  from  the  Consent 

[376] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XIV.  ||  747-749. 

Calendar  while  pending  as  unfinished  business  in  the  House  or  Com- 
mittee of  the  Whole  (VII,  1006). 

This  rule  does  not  preclude  the  Speaker  from  recognizing  Members 
to  suspend  the  rules  before  completion  of  the  Consent  Calendar  (De- 
cided by  House;  VIII,  3405;  also  held  by  Speaker  Clark,  Oct.  5,  1914, 
p.  16182,  and  by  Speaker  Gillett,  Sept.  4,  1919,  p.  5128).  Recognition 
to  suspend  the  rules  does  not  preclude  the  continuation  of  the  call  of 
the  calendar  later  in  the  day  (VII,  991).  The  call  of  the  Consent 
Calendar  on  days  devoted  to  its  consideration  takes  precedence  of 
the  motion  to  go  into  the  Committee  of  the  Whole  to  consider  revenue 
or  appropriation  bills  (VII,  986),  and  a  contested-election  case  may  not 
supplant  the  call  of  the  Calendar  (VII,  988) . 

5.  There  shall  also  be  a  Calendar  of  Motions  to 

§747.  Motion  to  Discharge  Committees,  as  provided  in 

J^STSLta  clause  4  of  Rule  XXVII. 

printed  6.  Calendars  shall  be  printed  daily. 

This  rule  was  adopted  in  the  Sixty-second  Congress,  April  5,  1911 
(VI,  743),  and  amended  December  8,  1931,  p.  10,  83. 

RULE  XIV. 

OF   DECORUM   AND   DEBATE. 

1.  When  any  Member  desires  to  speak  or  deliver 
§749.  obtaining  s^ny  matter  to  the  House,  he  shall  rise 
IndrS^c^^Td6"'  and  respectfully  address  himself  to 
decorum  therein.  "Mr.  Speaker,"  and,  on  being  recog- 
nized, may  address  the  House  from  any  place  on  the 
floor  or  from  the  Clerk's  desk,  and  shall  confine  him- 
self to  the  question  under  debate,  avoiding  personality. 

This  rule  was  adopted  in  1880,  but  was  made  up,  in  its  main  provi- 
sions, from  older  rules,  which  dated  from  1789  and  1811  (V,  4979). 

It  is  a  general  rule  that  a  motion  must  be  made  before  a  Member 
may  proceed  in  debate  (V,  4984,  4985) ,  and  this  motion  may  be  required 

[377] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 

5750.  Rule  XIV. 

to  be  reduced  to  writing  (V,  4986).  The  withdrawal  of  a  motion  pre- 
cludes further  debate  on  it  (V,  4989).  But  sometimes  when  a  com- 
munication or  a  report  has  been  before  the  House  it  has  been  debated 
before  any  specific  motion  has  been  made  in  relation  to  it  (V,  4987, 
4988) .  In  a  few  cases,  such  as  conference  reports  and  reports  from  the 
Committee  of  the  Whole,  the  motion  to  agree  is  considered  as  pending 
without  being  offered  from  the  floor  (IV,  4896;  V,  6517). 

In  presenting  a  question  of  personal  privilege  the  Member  is  not 
required  in  the  first  instance  to  make  a  motion  or  offer  a  resolution,  but 
such  is  not  the  rule  in  presenting  a  case  involving  the  privileges  of  the 
House  (III,  2546,  2547;  VI,  565,  566,  580).  Personal  explanations 
merely  are  made  by  unanimous  consent  (V,  5065) . 

A  motion  must  also  be  stated  by  the  Speaker  or  read  by  the  Clerk 
before  debate  may  begin  (V,  4982,  4983,  5304). 

A  Member  having  the  floor  may  not  be  taken  off  his  feet  by  an 
ordinary  motion,  even  the  highly  privileged  motion 
§750.  intern^-  to  adjourn  (V,  5369,  5370;  VIII,  2646).     He  may 

tionofaMember  not  be  deprived  of  the  floor  by  a  parliamentary 
in  debate.  inquiry  (VIII,  2455-2458),  a  question  of  privilege 

(V,  5002;  VIII,  2459),  a  motion  that  the  committee 
rise  (VIII,  2325),  or  a  demand  for  the  previous  question  (VIII,  2609), 
but  he  may  be  interrupted  for  a  conference  report  (V,  6451 ;  VIII,  3294). 
It  is  a  custom  also  for  the  Speaker  to  request  a  Member  to  yield  for 
the  reception  of  a  message.  A  Member  may  yield  the  floor  for  a 
motion  to  adjourn  or  that  the  Committee  of  the  Whole  rise  without 
losing  his  right  to  continue  when  the  subject  is  again  continued  (V, 
5009-5013).  A  Member  may  also  resume  his  seat  while  a  paper  is 
being  read  in  his  time  without  losing  his  right  to  the  floor  (V,  5015). 
A  Member  who,  having  the  floor,  moved  the  previous  question  was 
permitted  to  resume  the  floor  on  withdrawing  the  motion  (V,  5474). 
But  a  Member  may  not  yield  to  another  Member  to  offer  an  amend- 
ment without  losing  the  floor  (V,  5021,  5030,  5031;  VIII,  2476),  and  a 
Member  may  not  offer  an  amendment  in  time  secured  for  debate  only 
(VIII,  2474).  A  Member  desiring  to  interrupt  another  in  debate 
should  address  the  Chair  for  permission  of  the  Member  speaking 
(V,  5006;  VI,  193),  but  the  latter  may  exercise  his  own  discretion  as 
to  whether  or  not  he  will  yield  (V,  5007,  5008;  VI,  193;  VIII,  2463, 
2465). 


[378] 


RTJUES    OF   THE    HOUSE   OF  REPRESENTATIVES 
Rule  XIV.  §§  751.753, 

The  Speaker  may  of  right  speak  from  the  Chair  on  questions  of  order 

§  751    Speaker  in  and  b°  firSt  heard  (IT»  1367>>  but  V®h  th^  exception 

debate.  he  may  speak  from  the  Chair  only  by  leave  of  the 

House  and  on  questions  of  fact  (II,  1367-1372). 
On  occasions  comparatively  rare  Speakers  have  called  Members  to 
the  Chair  and  participated  in  debate,  usually  without  asking  consent 
of  the  House  (II,  1367,  1368,  1371;  III,  1950;  V,  6097). 

It  has  always  been  held,  and  generally  quite  strictly,  that  in  the 
§752.  Member  must  House  the  Member  must  confine  himself  to  the 
confine  himself  to  subject  under  debate  (V,  5043-5048;  VI,  576; 
the  subject.  vill,  2481,  2534).  On  a  motion  to  amend  the  de- 

bate is  confined  to  the  amendment  and  may  not  include  the  general 
merits  of  the  bill  (V,  5049-5051). 

While  the  Speakers  have  entertained  appeals  from  their  decisions  as 
to  irrelevancy,  they  have  held  that  s\ich  appeals  were  not  debatable 
(V,  5056-5063). 

In  Committee  of  the  Whole  House  on  the  state  of  the  Union  during 
general  debate  the  Member  need  not  confine  himself  to  the  subject 
(V,  5233-5238;  VIII,  2590);  but  this  privilege  does  not  extend  to  the 
Committee  of  the  Whole  House  (V,  5239;  VIII,  2590).  And  in  all  cases 
the  five-minute  debate  in  Committee  of  the  Whole  is  confined  to  the 
subject  (V,  5240-5256;  VIII,  2591),  even  on  pro  forma  amendments 
(VIII,  2591). 

^  2.  When  two  or  more  Members  rise 

powder  at  once,  the  Speaker  shall  name  the 

recognition.  Member  who  is  first  to  speak;    *     *     * 

This  rule  was  adopted  in  1789  (V,  4978). 

In  the  early  history  of  the  House,  when  business  proceeded  on  presen- 
tation by  individual  Members,  the  Speaker  recognized  the  Member 
who  arose  first;  and  in  case  of  doubt  there  was  an  appeal  from  his 
recognition  (II,  1429-1434).  But  as  the  membership  and  business  of 
the  House  increased  it  became  necessary  to  establish  and  adhere 
to  a  fixed  order  of  business,  and  recognitions,  instead  of  pertaining 
to  the  individual  Member,  necessarily  came  to  pertain  to  the  bill  or 
other  business  which  would  be  before  the  House  under  the  rule  regulat- 
ing the  order  of  business.  Hence  the  necessity  that  the  Speaker  should 
not  be  compelled  to  heed  the  claims  of  Members  as  individuals  was 
expressed  in  1879  in  a  report  from  the  Committee  on  Rules,  which 
declared  that  "in  the  nature  of  the  case  discretion  must  be  lodged 
with  the  presiding  officer"  (II,  1424).  And  in  1881  the  Speaker 

[379] 


RULES   OF  THE  HOUSE   OF  REPRESENTATIVES 
§  754.  Rule  XIV. 

declined  to  entertain  an  appeal  from  his  decision  on  a  question  of 
recognition  (II,  1425-1428),  establishing  thereby  a  practice  which 
continues  (VI,  292;  VIII,  2429,  2646,  2762). 

Although  there  is  no  appeal  from  the  Speaker's  recognition,  he  is  not 

a  free  agent  in  determining  who  is  to  have  the  floor. 

§  754.  Speaker  IJT^  practice  of  the  House   establishes  rules  from 

fn^fi^tio^6       which  he  may  not  dePart-     When  the  order  of  busi- 
nreco  m       .  ^^  brings  before  the  House  a  certain  bill  he  must 

first  recognize,  for  motions  of  its  disposition,  the  Member  who  repre- 
sents the  committee  which  has  reported  it  (II,  1447;  VI,  306,  514). 
This  is  not  necessarily  the  chairman  of  the  committee,  for  a  chairman 
who,  in  committee,  has  opposed  the  bill,  must  yield  the  prior  recog- 
nition to  a  member  of  his  committee  who  has  favored  the  bill  (II,  1449). 
Usually,  however,  the  chairman  has  charge  of  the  bill  and  is  entitled 
at  all  stages  to  prior  recognition  for  allowable  motions  intended  to 
expedite  it  (II,  1452,  1457;  VI,  296,  300).     This  principle  does  not, 
however,  apply  to  the  Chairman  of  the  Committee  of  the  Whole  (II, 
1453).     The  Member  who  originally  introduces  the  bill  which  a  com- 
mittee reports  has  no  claims  to  recognition  as  opposed  to  the  claims  of 
the  members  of  the  committee,  but  in  cases  where  a  proposition  is 
brought  directly  before  the  House  by  a  Member  the  mover  is  entitled 
to  prior  recognition  for  motions  and  debate  (II,  1446,  1454;  VI,  302-305, 
417;  VIII,  2454,  3231).     And  this  principle  applies  to  the  makers  of 
certain  motions.     Thus,  the  Member  on  whose  motion  the  enacting 
clause  of  a  bill  is  stricken  out  in  Committee  of  the  Whole  is  entitled  to 
prior  recognition  when  the  bill  is  reported  to  the  House  (V,  5337;  VIII, 
2629),  and  in  a  case  where  a  Member  raised  an  objection  in  the  joint 
meeting  to  count  the  electoral  vote  the  Speaker  recognized  him  first 
when  the  Houses  had  separated  to  consider  the  objection  (III,  1956). 
But  a  Member  may  not,  by  offering  a  debatable  motion  of  higher 
privilege  than  the  pending  motion,  deprive  the  Member  in  charge  of  the 
bill  of  possession  of  the  floor  for  debate  (II,  1460-1463;  VI,  290,  297- 
299;  VIII,  2454,  3193,  3197,  3259).    The  Member  in  charge  of  the  bill 
and  having  the  floor  may  demand  the  previous  question,  although 
another  Member  may  propose  to  offer  a  motion  of  higher  privilege 
(VIII,  2684) ;  but  the  motion  of  higher  privilege  must  be  put  before  the 
previous  question  (V,  5480;  VIII,  2684).    The  fact  that  a  Member  has 
the  floor  on  one  matter  does  not  necessarily  entitle  him  to  prior  recogni- 
tion on  a  motion  relating  to  another  matter  (II,  1464) .    It  is  because  the 
Speaker  is  governed  by  these  usages  that  he  often  asks,  when  a  Member 
seeks  recognition,  "For  what  purpose  does  the  gentleman  rise?"     By 

[380] 


RULES   OP   THE  HOUSE   OF   REPRESENTATIVES 
Rule  XIV.  §§  755-757. 

this  question  he  determines  whether  the  Member  proposes  business  or  a 
motion  which  is  entitled  to  precedence  and  he  may  deny  recognition 
(VI,  289-291,  293)  and  from  such  denial  there  is  no  appeal  (VI,  292; 
VIII,  2429,  2646,  2762). 

When  an  essential  motion  made  by  the  Member  in  charge  of  the  bill 
is  decided  adversely  the  right  to  prior  recognition 
§755.  Loss  of  right  passes  to  the  Member  leading  the  opposition  to  the 
MlmSrch^e.  motion  (IT,  1465-1468;  VI,  308).  The  control  of  the 
measure  passes  under  this  principle  when  the  House 
disagrees  to  the  recommendation  of  the  committee  reporting  the  bill 
(II,  1469-1472),  when  the  Committee  of  the  Whole  reports  a  bill 
adversely  (IV,  4897;  VIII,  2430),  when  the  motion  for  the  previous 
question  is  rejected  (VI,  308),  and  in  most  cases,  when  the  House 
disagrees  to  a  conference  report  (II,  1473-1477;  V,  6396) .  But  the  mere 
defeat  of  an  amendment  proposed  by  the  Member  in  charge  does  not 
cause  right  to  prior  recognition  to  pass  to  the  opponents  (II,  1478, 
1479),  and  the  invalidation  of  a  conference  report  on  a  point  of  order, 
while  equivalent  to  its  rejection  by  the  House,  does  not  give  the  Member 
raising  the  question  of  order  the  right  to  the  floor  (VIII,  3284)  and 
exerts  no  effect  on  the  right  to  recognition  (VI,  313). 

In  debate  the  members  of  the  committee — except  the  Committee 
§756.  Prior  right  of  the  Whole  (II,  1453) — are  entitled  to  priority  of 
of  Members  of  the  recognition  for  debate  (II,  1438,  1448;  VI,  306,  307), 
committee  to  recog-  but  a  motion  to  lay  a  proposition  on  the  table  is  in 
nition  for  debate.  order  before  the  Member  entitled  to  prior  recogni- 
tion for  debate  has  begun  his  remarks  (V,  5391-5395;  VI,  412;  VIII, 
2649,  2650). 

In  recognizing  for  general  debate  the  Chair  alternates  between  those 
favoring  and  those  opposing  the  pending  matter,  preferring  members 
of  the  committee  reporting  the  bill  (II,  1439-1444).  When  a  member 
of  the  committee  has  occupied  the  floor  in  favor  of  a  measure  a  Member 
opposing  should  be  recognized  next,  even  though  he  be  not  a  member 
of  the  committee  (II,  1445).  The  principle  of  alternation  is  not  in- 
sisted on  rigidly  where  a  limited  time  is  controlled  by  Members,  as  in 
the  "forty  minutes"  of  debate  on  motions  for  suspension  of  the  rules 
and  the  previous  question  (II,  1442). 

As  to  motions  to  suspend  the  rules,  which  are  in  order  on  two  days 
§757  Exce  tions  eacl1  montll>  ^e  Speaker  exercises  a  discretion  to 
to  the  usages*  n  decline  to  recognize  (V,  6791-6794,  6845;  VIII, 

constraining  the  3402-3404).  He  also  may  decline  to  recognize  a 

Speakers  to  Member  who  desires  to  ask  unanimous  consent  to 

recognitions.  &e^  aside  the  rules  in  order  to  consider  a  bill  not  other- 

[3811 


RULES  OF   THE   HOUSE   OF   REPRESENTATIVES 
§§  758,  760.  Rul*  XIV, 

wise  in  order,  this  being  the  way  of  signifying  his  objection  to  the 
request.  But  this  authority  does  not  extend  to  proceedings  under 
Rule  XIII.  cl.  4. 

2.  *    *    *    and  no  Member  shall  occupy  more 
§758.  The  hour        than  one  hour  in  debate  on  any  ques- 
ruie  in  debate.         t£on  ^  ^e  House  or  in  committee, 
except  as  further  provided  in  this  rule. 

This  rule  dates  from  1841,  when  the  increase  of  membership  had 
made  it  necessary  to  prevent  the  making  of  long  speeches  which  some- 
times occupied  three  or  four  hours  each  (V,  4978) . 

It  applies  to  debate  on  a  question  of  privilege,  as  well  as  to  debate 
on  other  questions  (V,  4990;  VIII,  2448);  and  when  the  time  of  debate 
has  been  placed  within  the  control  of  those  representing  the  two  sides 
of  a  question  it  must  be  assigned  to  Members  in  accordance  with  this 
rule  (V,  5004,  5005;  VIII,  2462). 

3.  The  Member  reporting  the  measure  under  con- 

sideration from  a  committee  may  open 

§759.  The  opening  1      j    i      1       T 

and  dosing  of  and  close,  where  general  debate  has 
debate.  been  had  thereon;  and  if  it  shall  ex- 

tend beyond  one  day,  he  shall  be  entitled  to  one  hour 
to  close,  notwithstanding  he  may  have  used  an  hour 
in  opening. 

This  rule  was  adopted  in  1847  and  perfected  in  1880  (V,  4996) . 
In  the  later  practice  this  right  to  close  may  not  be  exercised  after  the 
previous  question  is  ordered  (V,  4997-5000). 

4.  If  any  Member,  in  speaking  or  otherwise,  trans- 
§  TGO.  The  cau         gress  the  rules  of  the  House,  the  Speaker 
to  order.  shall,  or  any  Member  may,  call  him  to 
order;  in  which  case  he  shall  immediately  sit  down, 
unless  permitted,  on  motion  of  another  Member,  to 
explain,  and  the  House  shall,  if  appealed  to,  decide 
on  the  case  without  debate;  if  the  decision  is  in  favor 

[382] 


RULES   OF   THE   HOUSE   OF  HEPRESEOTATTVES 
Rule  XIV.  §  761. 

of  the  Member  called  to  order,  he  shall  be  at  liberty 
to  proceed,  but  not  otherwise;  and,  if  the  case  require 
it,  he  shall  be  liable  to  censure  or  such  punishment  as 
the  House  may  deem  proper. 

This  rule  was  adopted  in  1789,  and  amended  in  1822  and  1880 
(V,  5175). 

Members  transgressing  the  rules  shall  be  called  to  order  by  the 
Speaker  (VIII,  2481,  2521,  3479)  or  any  Member  (§  760;  II,  1344;  V, 
5154,  5161-5163,  5175,  5192);  but  except  for  naming  him  the  Speaker 
may  not  otherwise  censure  or  punish  him  (II,  1345;  VI,  237).  A 
Delegate  may  call  a  Member  to  order  (II,  1295). 

When  a  Member  is  called  to  order  under  this  rule  it  is  the  practice 
to  test  the  opinion  of  the  House  by  a  motion  "that  the  gentleman  be 
allowed  to  proceed  in  order"  (V,  5188,  5189;  VIII,  2534;;  but  a  motion 
that  the  Member  be  permitted  to  explain  has  been  held  to  have 
precedence,  even  in  a  case  where  the  words  have  been  taken  down 
(V,  5187).  A  Member  called  to  order  and  held  to  be  out  of  order 
loses  the  floor  (V,  5196-5199)  and  may  not  proceed,  even  on  yielded 
tune  (V,  5147),  but  this  does  not  prevent  the  offending  Member  from 
exercising  his  right  to  vote  or  to  demand  the  yeas  and  nays  (VIII,  2546) . 

The  House  has  censured  Members  for  disorderly  words  (II,  1253, 
1254,  1259,  1305;  VI,  236). 

The  display  of  exhibits,  demonstrations,  or  other  unusual  adjuncts 
to  debate  by  way  of  illustration  is  subject  to  the  will  of  the  House  and 
any  Member  may  object  (VIII,  2452),  and  where  objection  is  made  the 
question  is  put  to  the  House  without  debate  (June  21,  1937,  p.  6104). 

5.  If  a  Member  is  called  to  order  for  words  spoken 
§76i.  words  *&  debate,  the  Member  calling  him  to 
taken  down.  order  shall  indicate  the  words  excepted 

to,  and  they  shall  be  taken  down  in  writing  at  the 
Clerk's  desk  and  read  aloud  to  the  House;  but  he 
shall  not  be  held  to  answer,  nor  be  subject  to  the 
censure  of  the  House  therefor,  if  further  debate  or 
other  business  has  intervened. 


[383] 


ROTES   OF  THE   HOUSE   OF   REPRESENTATIVES 
§761.  Rule  XIV. 

This  rule  was  adopted  in  1837,  with  amendment  in  1880.  But  in  1808 
the  practice  of  writing  down  objectionable  words  had  been  established, 
and  the  rule  was  adopted  to  prevent  the  taking  down  of  words  after 
intervening  business  (V,  5177;  VIII,  2536),  but  a  Member  on  his  feet 
and  requesting  recognition  at  the  time,  was  recognized  to  demand  that 
words  be  taken  down,  although  brief  debate  had  intervened,  and  a 
request  that  a  Member  uttering  objectionable  words  yield  does  not 
forfeit  the  right  to  demand  that  the  words  be  taken  down  (VIII,  2528). 

The  words  having  been  read  from  the  desk,  the  Chair  decides  whether 
they  are  in  order  (II,  1249;  V,  5163,  5169,  5187),  and  from  his  decision 
there  is  no  appeal  (V,  6944) .  When  a  Member  denies  that  the  words 
taken  down  are  the  exact  words  used  by  himself,  the  question  as  to  the 
words  is  put  to  the  House  for  decision  (V,  5179,  5180).  After  the 
Speaker  has  decided  that  words  taken  down  are  out  of  order,  a  motion 
that  the  Member  be  permitted  to  explain  is  in  order  before  the  motion 
that  he  be  permitted  to  proceed  is  in  order  (V,  5187). 

When  the  disorderly  words  are  spoken  in  the  Committee  of  the 
Whole,  they  are  taken  down  as  in  the  House  and  read  at  the  Clerk's 
desk,  and  the  Committee  rises  automatically  (VIII,  2533,  2538,  2539) 
and  reports  them  to  the  House  (II,  1257-1259,  1348).  Action  in  the 
House  on  words  taken  down  and  reported  from  Committee  of  the 
Whole  is  limited  to  the  words  reported  (VIII,  2528) ;  and  it  is  not  in 
order  as  a  question  of  privilege  in  the  House  to  propose  censure  of  a 
Member  for  disorderly  words  spoken  in  Committee  of  the  Whole  but 
not  taken  down  or  reported  therefrom  (V,  5202).  Words  so  taken 
down  may  be  withdrawn  only  by  unanimous  consent  (VIII,  2528,  2538, 
2540,  2543,  2544).  Consideration  of  words  reported  to  the  House  from 
Committee  of  the  Whole  having  been  disposed  of,  either  by  decision  of 
the  Speaker  holding  them  in  order  or  by  action  of  the  House  if  held 
unparliamentary,  the  Committee  resumes  its  sitting  without  motion 
(VIII,  2539,  2541). 

In  certain  exceptional  cases,  as  when  disorderly  words  are  part  of  an 
occurrence  constituting  a  breach  of  privilege  (II,  1657),  or  when  a 
Member's  language  has  been  investigated  by  a  committee  (II,  1655), 
or  when  he  has  reiterated  on  the  floor  certain  published  charges  (III, 
2637),  or  when  he  has  uttered  words  alleged  to  be  treasonable  (II,  1252), 
the  House  has  proceeded  to  censure  or  other  action  although  business 
may  have  intervened. 


[384] 


RULES   OF   THE   HOUSE   OF   REPRESENTATIVES 
Rule  XIV.  §§  762f  763. 

6.  No  Member  shall  speak  more  than  once  to  the 
§762.  Member  to       same   question  without  leave  of  the 
^T^^ir*         House,  unless  he  be  the  mover,  pro- 
question,  poser,    or   introducer    of   the   matter 
pending,  in  which  case  he  shall  be  permitted  to 
speak  in  reply,  but  not  until  every  Member  choosing 
to  speak  shall  have  spoken. 

This  rule  was  adopted  in  1789,  and  amended  in  1840  (V,  4991). 

A  Member  who  has  spoken  once  to  the  main  question  may  speak 
again  to  an  amendment  (V,  4993,  4994).  It  is  too  late  to  make  the 
point  that  a  Member  has  spoken  already  if  no  one  claims  the  floor  until 
he  has  made  some  progress  in  his  speech  (V,  4992).  The  right  to  close 
may  not  be  exercised  after  the  previous  question  has  been  ordered 
(V,  4997-5000).  The  right  to  close  does  not  belong  to  a  Member  who 
has  merely  moved  to  reconsider  the  vote  on  a  bill  which  he  did  not 
report  (V,  4995) .  The  right  of  a  contestant  in  an  election  case  to  close 
when  he  is  permitted  to  speak  in  the  contest  has  been  a  matter  of 
discussion  (V,  5001). 

7.  While  the  Speaker  is  putting  a  question  or 

addressing  the  House  no  Member  shall 

§  763.  Decorum  of  ° 

Members  in  the  walk  out  of  or  across  tne  nail,  nor, 
HaU"  when  a  Member  is  speaking,  pass  be- 

tween him  and  the  Chair;  and  during  the  session 
of  the  House  no  Member  shall  wear  his  hat,  or 
remain  by  the  Clerk's  desk  during  the  call  of  the 
roll  or  the  counting  of  ballots,  or  smoke  upon  the 
floor  of  the  House;  and  the  Sergeant-at-Arms  and 
Doorkeeper  are  charged  with  the  strict  enforcement 
of  this  clause.  Neither  shall  any  person  be  allowed 
to  smoke  upon  the  floor  of  the  House  at  any  time. 


[385] 


RULES   OP  THE  HOUSE   OF   REPRESENTATIVES 

§§764.  765.  Rule  XV. 

This  rule  is  made  up  of  provisions  adopted  in  1789,  1837,  1871,  and 
1896.  Originally  Members  wore  their  hats  during  sessions,  as  in 
Parliament,  and  the  custom  was  not  abolished  until  1837  (II,  1136). 

8.  It  shall  not  be  in  order  for  any  Member  to  intro- 
duce to  or  to  bring  to  the  attention  of  the 

§764.  Gallery  .        .  . 

occupants  not  to  be     House  during  its  sessions  any  occupant 
minced.  ^  the  gaUeries  of  tke  House;  nor  may 

the  Speaker  entertain  a  request  for  the  suspension 
of  this  rule  by  unanimous  consent  or  otherwise. 

This  rule  was  adopted  April  10,  1933  (VI,  197). 

RULE  XV. 

ON  CALLS  OF  THE  ROLL  AND  HOUSE. 

1.  Upon  every  roll  call  the  names  of  the  Members 
shall  be  called  alphabetically  by  sur- 

§  765.  Call  of  the 

roii  for  the  name,  except  when  two  or  more  have 


same  surname,  in  which  case  the 
name  of  the  State  shall  be  added;  and  if  there  be  two 
such  Members  from  the  same  State,  the  whole  name 
shall  be  called,  and  after  the  roll  has  been  once  called, 
the  Clerk  shall  call  in  their  alphabetical  order  the 
names  of  those  not  voting;  and  thereafter  the  Speaker 
shall  not  entertain  a  request  to  record  a  vote  or  an- 
nounce a  pair  unless  the  Member's  name  has  been 
noted  under  clause  3  of  this  rule. 

The  first  form  of  this  rule  was  adopted  in  1789,  and  amendments  were 
added  in  1870,  1880,  and  1890  (V,  6046). 

The  names  of  Members  who  have  not  been  sworn  are  not  entered  on 
the  roll  from  which  the  yeas  and  nays  are  called  for  entry  on  the  Journal 
(V,  6048;  VI,  638;  VIII,  3122). 

[386] 


RULES    OF   TEDS   HOUSE   OF  REPRESENTATIVES 
Rule  XV.  $765. 

Commencing  in  1879  the  Clerk,  in  calling  the  roll,  called  Members 
by  the  surnames  with  the  prefix  "Mr."  instead  of  calling  the  full  names 
(V,  6047),  but  since  the  Sixty-second  Congress  the  practice  has  been 
discontinued  in  the  interest  of  brevity  (VIII,  3121).  The  Speaker's 
name  is  not  on  the  voting  roll  and  is  not  ordinarily  called  (V,  5970). 
When  he  votes  his  name  is  called  at  the  close  of  the  roll  (V,  5965). 
In  case  of  a  tie  which  is  revealed  by  a  correction  of  the  roll,  he  has 
voted  after  intervening  business  or  even  on  another  day  (V,  5969, 
6061-6063;  VIII,  3075).  Where  the  Speaker  through  an  error  of  the 
Clerk  in  reporting  the  yeas  and  nays  announces  a  result  different  from 
that  actually  had,  the  status  of  the  question  is  governed  by  the  vote 
as  recorded  and  subsequent  announcement  by  the  Speaker  of  the 
changed  result  is  authoritative,  or  he  may  entertain  a  motion  for  cor- 
rection of  the  Journal  in  accordance  with  the  vote  as  finally  ascer- 
tained (VIII,  3162). 

A  Member  who  has  failed  to  respond  when  his  name  was  called  may 
not  as  a  constitutional  right  demand  that  his  vote  be  recorded  before 
the  announcement  of  the  result  (V,  6066-6068),  even  if  he  has  refrained 
from  voting  because  of  a  misunderstanding  as  to  a  pair  (V,  6081;  VIII, 
3069),  or  because  his  attention  was  distracted  when  his  name  was 
called  (V,  6070) .  But  when  a  Member  declares  that  he  was  listening 
when  his  name  should  have  been  called  and  failed  to  hear  it,  he  is 
permitted  to  record  his  vote  (V,  6071,  6072).  In  order  to  qualify  to 
vote  the  Member  must  have  been  within  the  Hall  (VIII,  3144),  and 
listening  (VIII,  3147-3150)  when  his  name  was  called,  and  it  is  the 
duty  of  the  Speaker  to  qualify  a  Member  asking  to  vote  at  the  end  of 
the  roll,  but  it  is  for  the  Member  and  not  the  Speaker  to  determine 
whether  he  was  in  the  Hall  and  listening  when  his  name  was  called, 
and  unless  he  answers  categorically  in  the  affirmative  he  may  not  vote 
(VIII,  3139-3142).  Failure  of  the  signal  bells  to  announce  a  vote  does 
not  warrant  repetition  of  the  roll  call  (VIII,  3153-3155,  3157),  and  the 
Speaker  does  not  take  that  fact  into  consideration  in  qualifying  Mem- 
bers to  vote  after  their  names  have  been  passed  (VIII,  3156).  The 
Speaker  may  not  permit  a  Member  to  answer  "present"  at  the  con- 
clusion of  a  roll  call  (V,  6069;  VIII,  3146),  unless  there  be  a  question  as 
to  a  quorum.  Either  before  announcement  of  the  result  (V,  6064)  or 
after  such  announcement  (VIII,  3125),  the  Speaker  may  order  the  vote 
recapitulated  (V,  6049,  6050;  VIII,  3128).  A  Member  may  not  change 
his  vote  on  recapitulation  if  the  result  has  been  announced  (VIII,  3124), 
but  errors  in  the  record  of  such  votes  may  be  corrected  (VIII,  3125). 
A  motion  that  a  vote  be  recapitulated  is  not  privileged  (VIII,  3126). 

[387] 


RULES   OF  THE  HOUSE  OF  REPRESENTATIVES 
§§  766-768.  Rule  XV. 

Before  the  result  of  a  vote  has  been  finally  and  conclusively  pro- 
nounced by  the  Chair,  but  not  thereafter,  a  Mem- 

§  766.  Changes  .and        ^  may  change  UQ  yote  (y>  593^593^ 


correction  .  ^  and  a  Member  who 


has  answered  "present"  may  change  it  to  "yea"  or  "nay"  (V,  6060). 
But  a  vote  given  by  a  Member  may  not  be  withdrawn  without  leave 
of  the  House  (V,  5930). 

When  a  vote  actually  given  fails  to  be  recorded  (V,  6061-6063)  the 
Member  may,  before  the  approval  of  the  Journal,  demand  as  a  matter 
of  right  that  correction  be  made  (V,  5969;  VIII,  3143).  But  state- 
ments of  other  members  as  to  alleged  errors  in  a  recorded  vote  must 
be  very  definite  and  positive  to  justify  the  Speaker  in  ordering  a 
change  of  the  roll  (V,  6064,  6099). 

When  once  begun  the  roll  call  may  not  be  interrupted  even  by  a 
motion  to  adjourn  (V,  6053;  VIII,  3133),  a  parlia- 
§f?th  *!f™?tions  mentary  inquiry  (VIII,  3132)  ,  a  question  of  personal 
°  '  privilege  (V,  6058,  6059;  VI,  554,  564),  the  arrival  of 

the  time  fixed  for  another  order  of  business  (V,  6056)  or  for  a  recess 
(V,  6054,  6055;  VIII,  3133),  or  the  presentation  of  a  conference  report 
(V,  6443)  .  But  it  is  interrupted  for  the  reception  of  messages  and  by 
the  arrival  of  the  hour  fixed  for  adjournment  sine  die  (V,  6715-6718). 
Incidental  questions  arising  during  the  roll  call,  such  as  the  refusal  of  a 
Member  to  vote  (V,  5946-5948),  are  considered  after  the  completion 
of  the  call  and  before  the  announcement  of  the  vote  (V,  6059).  The 
rules  do  not  preclude  a  Member  from  announcing  after  a  record  vote 
on  which  he  failed  to  answer,  how  he  would  have  voted  if  present 
(Speaker  ftayburn,  June  27,  1957,  p.  10521;  contra  VIII,  3151),  but 
neither  the  rules  nor  the  practice  permit  a  Member  to  announce 
after  a  record  vote  how  absent  colleagues  would  have  voted  if  present 
(VI,  200;  April  3,  1933,  p.  1139;  April  28,  1933,  p.  2587;  May  20, 
1933,  p.  3834;  March  16,  1934,  p.  4691,  4700;  April  14,  1937,  p.  3489, 
3490;  April  15,  1937,  p.  3563). 

2.  In  the  absence  of  a  quorum,  fifteen  Members, 
§768.  The  can  of  Deluding  the  Speaker,  if  there  is  one, 
the  House  m  the  shall  be  authorized  to  compel  the  at- 
tendance of  absent  Members,  and  in  all 
calls  of  the  House  the  doors  shall  be  closed,  the  names 
of  the  Members  shall  be  called  by  the  Clerk,  and  the 
absentees  noted;  and  those  for  whom  no  sufficient 

[388] 


RTJLES    OF  THE  HOUSE   OF   EEPRESENTATTVES 
Rule  XV.  §769. 

excuse  is  made  may,  by  order  of  a  majority  of  those 
present,  be  sent  for  and  arrested,  wherever  they  may 
be  found,  by  officers  to  be  appointed  by  the  Sergeant- 
at-Arms  for  that  purpose,  and  their  attendance  se- 
cured and  retained;  and  the  House  shall  determine 
upon  what  condition  they  shall  be  discharged.  Mem- 
bers who  voluntarily  appear  shall,  unless  the  House 
otherwise  direct,  be  immediately  admitted  to  the 
Hall  of  the  House,  and  they  shall  report  their  names 
to  the  Clerk  to  be  entered  upon  the  Journal  as  present. 

The  essential  portions  of  this  rule  were  adopted  in  1789  and  1795, 
with  minor  amendments  in  1888  and  1890  (IV,  2982).  In  times  of 
obstruction  it  has  not  been  found  wholly  efficient,  and  for  most  cases 
is  superseded  by  clause  4  of  this  rule. 

Under  this  rule  a  call  may  not  be  ordered  by  less  than  15,  and  with- 
out that  number  present  the  motion  for  a  call  is  not 
§  769.  Ordering  entertained  (IV,  2983).  It  must  be  ordered  by 

and  conducting  majority  vote,  and  a  minority  of  15  or  more  favoring 

the  call.  a  call  on  such  vote  is  not  sufficient  (IV,  2984).  A 

quorum  not  being  present  no  motion  is  in  order 
but  for  a  call  of  the  House  or  to  adjourn  (IV,  2950,  2988;  VI,  680),  and 
at  this  stage  the  motion  to  adjourn  has  precedence  over  the  motion 
for  a  call  of  the  House  (VIII,  2642). 

On  the  roll  call  the  names  of  Members  are  called  alphabetically  by 
surname  (V,  6046) .  This  roll  call  may  not  be  interrupted  by  a  motion 
to  dispense  with  further  proceedings  under  the  call  (IV,  2992),  and  a 
recapitulation  of  the  names  of  those  who  appear  after  their  names  have 
been  called  may  not  be  demanded  (IV,  2993).  But  during  proceedings 
under  the  call  the  roll  may  be  ordered  to  be  called  again  by  those 
present  (IV,  2991). 

During  a  call  less  than  a  quorum  may  revoke  leaves  of  absence  (IV, 
3003,  3004)  and  excuse  a  Member  from  attendance  (IV,  3000,  3001), 
but  they  may  not  grant  leaves  of  absence  (IV,  3002) .  The  roll  is  some- 
times called  for  excuses,  and  motions  to  excuse  are  in  order  during  this 
call  (IV,  2997),  but  neither  the  motion  to  excuse  nor  an  incidental  ap- 
peal are  debatable  (IV,  2999).  After  the  roll  has  been  called  for 
excuses  and  the  House  has  ordered  the  arrest  of  those  who  are  unex- 

62581°— H.  Doc.  459,  86-2 26      [389] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§§  770,771.  Rule  XV. 

cused,  a  motion  to  excuse  an  absentee  is  in  order  when  he  is  brought  to 
the  bar  (IV,  3012). 

An  order  of  arrest  for  absent  Members  may  be  made  after  a  single 
calling  of  the  roll  (IV,  3015,  3016),  and  a  warrant 
§  770.  Arrest  of  issues  on  direction  of  those  present,  such  motion 
Members.  having  precedence  of  a  motion  to  dispense  with  pro- 

ceedings under  the  call  (IV,  3036).  The  Sergeant-at-Arms  is  required 
to  arrest  Members  wherever  they  may  be  found  (IV,  3017),  and  leave 
for  a  committee  to  sit  during  sessions  does  not  release  its  Members 
from  liability  to  arrest  (IV,  3020).  A  motion  to  require  the  Sergeant- 
at-Arms  to  report  progress  in  securing  a  quorum  is  in  order  during  a 
call  of  the  House  (VI,  687).  A  Member  who  appears  and  answers  is 
not  subject  to  arrest  (IV,  3019),  and  in  a  case  where  a  Member  com- 
plained of  wrongful  arrest  the  House  ordered  the  Sergeant-at-Arms 
to  investigate  and  amend  the  return  of  his  warrant  (IV,  3021).  A 
Member  once  arrested  having  escaped  it  was  held  that  he  might  not  be 
brought  back  on  the  same  warrant  (IV,  3022) . 

The  former  practice  of  presenting  Members  at  the  bar  during  a  call 
of,  the  House  (IV,  3030-3035)  is  obsolete,  and  Members  now  report 
to  the  Clerk  and  are  recorded  without  being  formally  excused  unless 
brought  in  under  compulsion  (VI,  684).  Those  present  on  a  call 
may  prescribe  a  fine  as  a  condition  of  discharge,  and  the  House  has 
by  resolution  revoked  all  leaves  of  absence  and  directed  the  Sergeant- 
at-Arms  to  deduct  from  the  salary  of  Members  compensation  for  days 
absent  without  leave  (VI,  30,  198),  but  this  penalty  has  been  of  rare 
occurrence  (IV,  3013,  3014,  3025).  Form  of  resolution  for  the  arrest 
of  Members  absent  without  leave  (VI,  686) . 

A  call  of  the  House  is  ended  by  adoption  of  a  motion  "to  dispense 
with  further  proceedings  under  the  call"  (IV,  3036-3040).  This 
motion  is  not  entertained  until  a  quorum  responds  on  the  call,  but  it 
has  been  held  that  after  a  quorum  responds  the  motion  may  be  agreed 
to  by  a  vote  of  less  than  a  quorum  (IV,  3038,  3040;  VI,  689).  How- 
ever, such  motion  is  not  in  order  pending  a  motion  for  arrest  (IV, 
3029,  3037). 

During  the  call,  which  in  later  practice  has  been  invoked  only  in 
absence  of  a  quorum,  incidental  motions  may  be 

durtaff  a^r  agreed  to  by  less  ttLan  a  quorum  (IV,  2994,  3029; 

VI,  681).  This  includes  motions  for  the  previous 
question  (V,  5458),  to  reconsider  and  to  lay  the  motion  to  reconsider 
on  the  table  (V,  5607,  5608),  to  adjourn,  which  is  in  order  even  in  the 
midst  of  the  call  of  the  roll  for  excuses  (IV,  2998),  and  an  appeal  from 
a  decision  of  the  Chair  (IV,  3010,  3037;  VI,  681).  The  yeas  and  nays 

[390] 


RULES   OF  THE  HOUSE  OP  REPRESENTATIVES 
Rule  XV.  |J  772,  778. 

may  also  be  ordered  (IV,  3010),  but  a  question  of  privilege  may  not 
be  raised  unless  it  be  something  connected  immediately  with  the  pro- 
ceedings (III,  2545).  Motions  not  strictly  incidental  to  the  call  are 
not  admitted,  as  for  a  recess  (IV,  2995,  2996),  to  excuse  a  Member 
from  voting  even  when  otherwise  in  order  (IV,  3007),  to  enforce  the 
statute  relating  to  deductions  of  pay  of  Members  for  absence  (IV, 
3011;  VI,  682),  to  construe  a  rule  or  make  a  new  rule  (IV,  3008),  or  to 
order  a  change  of  a  Journal  record  (IV,  3009)  .  A  motion  for  a  call  of 
the  House  is  not  debatable  (VI,  683,  688). 

3.  On  the  demand  of  any  Member,  or  at  the  sug- 
gestion of  the  Speaker,  the  names  of 

§  772.  Count  of  zr  . 

those  not  voting       Members  sufficient  to  make  a  quorum 


in  the  Hall  of  the  House  who  do  not 
cal1-  vote  shall  be  noted  by  the  Clerk  and 

recorded  in  the  Journal,  and  reported  to  the  Speaker 
with  the  names  of  the  Members  voting,  and  be 
counted  and  announced  in  determining  the  presence 
of  a  quorum  to  do  business. 

This  rule  was  adopted  hi  1890  (IV,  2905),  but  it  merely  put  in  form  of 
rule  a  principle  already  established  by  a  decision  of  the  Chair  (IV,  2895). 
It  was  much  in  use  in  the  first  years  after  its  adoption  (III,  2620;  IV, 
2905-2907)  ,*  but  with  the  decline  of  obstruction  in  the  House  and  the 
adoption  of  clause  4  of  this  rule  the  necessity  for  its  use  has  disappeared 
to  a  large  extent,  and  the  Speaker  may  direct  the  Clerk  to  note  names 
of  Members  under  this  rule  even  on  vote  for  which  a  quorum  is  not 
necessary  (VIII,  3152). 

4.  Whenever  a  quorum  fails  to  vote  on  any  ques- 
tion, and  a  quorum  is  not  present  and 

§773.  The  call  of  ,    .       ,.          .  -,      *        ^      ,  i 

the  House  in  the  objection  is  made  for  that  cause,  unless 
new  form.  ^  House  shall  adjourn  there  shall  be  a 

call  of  the  House,  and  the  Sergeant-at-Arms  shall 
forthwith  proceed  to  bring  in  absent  Members,  and 
the  yeas  and  nays  on  the  pending  question  shall  at  the 

[391] 


RULES   OF  THE  HOTTSE  OF  REPRESENTATIVES 
§773.  Rule  XV. 

same  time  be  considered  as  ordered.  The  Clerk  shall 
call  the  roll,  and  each  Member  as  he  answers  to  his 
name  may  vote  on  the  pending  question,  and,  after 
the  roll  call  is  completed,  each  Member  arrested  shall 
be  brought  by  the  Sergeant-at-Arms  before  the 
House,  whereupon  he  shall  be  noted  as  present,  dis- 
charged from  arrest,  and  given  an  opportunity  to 
vote  and  his  vote  shall  be  recorded.  If  those  voting 
on  the  question  and  those  who  are  present  and 
decline  to  vote  shall  together  make  a  majority  of  the 
House,  the  Speaker  shall  declare  that  a  quorum  is 
constituted,  and  the  pending  question  shall  be 
decided  as  the  majority  of  those  voting  shall  appear. 
And  thereupon  further  proceedings  under  the  call 
shall  be  considered  as  dispensed  with.  At  any  time 
after  the  roll  call  has  been  completed,  the  Speaker 
may  entertain  a  motion  to  adjourn,  if  seconded  by  a 
majority  of  those  present,  to  be  ascertained  by  actual 
count  by  the  Speaker;  and  if  the  House  adjourns,  all 
proceedings  under  this  section  shall  be  vacated. 

This  rule  was  adopted  in  1896  (IV,  3041;  VI,  690). 

It  applies  only  to  votes  wherein  a  quorum  is  required,  and  hence 
does  not  apply  to  an  affirmative  vote  on  a  motion  to  adjourn  (July  25, 
1949,  p.  10092),  or  motions  incidental  to  a  call  of  the  House  which 
may  be  agreed  to  by  less  than  a  quorum  (IV,  2994,  3029;  VI,  681),  or 
to  a  call  when  there  is  no  question  pending  (IV,  2990).  While  a 
quorum  is  not  required  to  adjourn  a  point  of  no  quorum  on  a  negative 
vote  on  adjournment,  if  sustained,  precipitates  a  call  of  the  House 
under  the  rule  (VI,  700;  June  4,  1951,  p.  6097,  6098;  June  15,  1951, 
p.  6621). 


[392] 


RULES   OF  THE  HOUSE   OF  EEPEESENTATIVES 
Rule  XVI.  §§774.775. 

Under  this  rule  the  roll  is  called  over  twice,  and  those  appearing 
after  their  names  are  called  may  vote  (IV,  3052). 
5?n?HCt°f  A  m<rtion  to  adjourn  may  be  made  before  the  call 
beSins  (IV>  305°)-  After  the  roll  has  been  called, 
and  while  the  proceedings  to  obtain  a  quorum  are 
going  on,  motions  to  excuse  Members  are  in  order  (IV,  3051).  The 
Sergeant-at-Arms  is  required  to  detain  those  who  are  present  and  bring 
in  absentees  (IV,  3045-3048),  and  he  does  this  without  the  authority 
of  a  resolution  adopted  by  those  present  (IV,  3049).  There  is  doubt 
as  to  whether  or  not  a  warrant  is  necessary  but  it  is  customary  for  the 
Speaker  to  issue  one  on  the  authority  of  the  rule  (IV,  3043;  VI,  702). 
When  arrested,  Members  are  arraigned  at  the  bar,  and  either  vote  or 
are  noted  as  present,  after  which  they  are  discharged  (IV,  3044). 
When  a  quorum  fails  to  vote  on  a  yea-and-nay  vote  on  a  motion  which 
requires  a  quorum  to  be  present,  and  a  quorum  is  not  present,  the  Chair 
takes  notice  of  the  fact,  and  unless  the  House  adjourns,  a  call  of  the 
House  is  ordered  by  the  Chair  under  this  rule,  and  the  vote  is  taken  on 
the  question  de  novo  (IV,  3045,  3052;  VI,  679).  An  automatic  roll 
call  results  under  this  rule  when  the  objection  that  a  quorum  is  not 
present  and  voting  is  made  after  a  viva  voce  vote  (VI,  697) . 

RULE  XVI. 

ON  MOTIONS,  THEIR  PRECEDENCE,  ETC. 

1.  Every  motion  made  to  the  House  and  enter- 
§775.  Motions  tamed  by  the  Speaker  shall  be  reduced 
*°  writing  on  the  demand  of  any  Mem- 
ker^  and  shall  be  entered  on  the  Journal 
with  the  name  of  the  Member  making  it,  unless  it  is 
withdrawn  the  same  day. 

This  rule  was  made  up  in  1880  of  old  rules  adopted  in  1789  and 
1806  (V,  5300). 

Because  of  this  rule  it  has  been  held  not  in  order  to  amend  or  strike 
out  a  Journal  entry  setting  forth  a  motion  exactly  as  made  (IV,  2783, 
2789).  A  motion  not  entertained  is  not  entered  on  the  Journal  (IV, 
2813,  2844r-2S46). 


[393] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 
§5776.777.  RnIeXVL 

2.  When  a  motion  has  been  made,  the  Speaker 
shall  state  it  or  (if  it  be  in  writing) 

§776.  Statin*  and  ^  &/ 

withdrawing  of       cause  it  to  be  read  aloud  by  the  Clerk 
motions.  before  being  debated,  and  it  shall  then 

be  in  possession  of  the  House,  but  may  be  withdrawn 
at  any  time  before  a  decision  or  amendment. 

The  provisions  of  this  rule  were  adopted  first  in  1789.  At  that  time 
a  second  was  required  for  every  motion,  but  in  practice  this  require- 
ment became  obsolete  very  early,  and  it  was  dropped  from  the  rule 
in  1880  (V,  5304). 

The  House  always  insists  that  the  motion  shall  be  stated  or  read 
before  debate  shall  begin  (V,  4983).  It  is  the  duty  of  the  Speaker  to 
put  a  motion  in  order  under  the  rules  and  practice  without  passing  on 
its  constitutional  effect  (IV,  3550;  VIII,  2225,  3031,  3071,  3427). 
In  a  case  wherein  a  clerk  presiding  during  organization  of  the  House 
declined  to  put  a  question,  a  Member-elect  put  the  question  from  the 
floor  (I,  67). 

Under  certain  circumstances,  a  Member  may  make  a  double  motion 
(V,  5637). 

Even  after  the  affirmative  side  has  been  taken  on  a  division  the  with- 
drawal of  a  motion  has  been  permitted  (V,  5348), 


pointment  of  tellers  (V,  5349).  While  the  House 
was  dividing  on  a  second  of  the  previous  question 
(this  second  is  no  longer  required)  on  a  motion  to  refer  a  resolution, 
the  Member  was  permitted  to  withdraw  the  resolution  (V,  5350)  ;  also 
a  motion  was  once  withdrawn  after  the  previous  question  had  been 
ordered  on  an  appeal  from  a  decision  on  a  point  of  order  as  to  the 
motion  (V,  5356).  A  motion  to  suspend  the  rules  may  be  withdrawn 
at  any  time  before  a  second  is  ordered  (V,  6844;  VIII,  3405,  3419),  even 
on  another  suspension  day  (V,  6844)  but  not  after  a  second  is  ordered, 
except  by  unanimous  consent  (VIII,  3420).  A  motion  may  be  with- 
drawn although  an  amendment  may  have  been  offered  and  be  pending 
(V,  5347;  VI,  373;  VIII,  2639),  and  in  the  House  an  amendment, 
whether  simple  or  in  the  nature  of  a  substitute,  may  be  withdrawn 
at  any  time  before  amendment  or  decision  is  had  thereon  (VI,  587;  VIII, 
2332,  2764);  but  the  rule  is  otherwise  in  Committee  of  the  Whole  (V, 
5221,  5753;  VI,  570;  VIII,  2465,  2859,  3405). 


[394] 


RUIjES   OP  THE   HOUSE   OF   REPRESENTATIVES 
Bale  XVI.  §§778,779. 

A  "decision"  which  prevents  withdrawal  may  consist  of  the  ordering 
of  the  yeas  and  nays  (V,  5353),  either  directly  on  the  motion  or  on  a 
motion  to  lay  it  on  the  table  (V,  5354),  the  ordering  of  the  previous 
question  (V,  5355),  or  the  demand  therefor  (V,  £489),  or  the  refusal  to 
lay  on  the  table  (V,  5351,  5352;  VIII,  2640). 

A  Member  having  the  right  to  withdraw  a  motion  before  a  decision 
thereon  has  the  resulting  power  to  modify  the  motion  (V,  5358).  A 
motion  being  withdrawn,  all  proceedings  on  an  appeal  arising  from  a 
point  of  order  related  to  it  fell  thereby  (V,  5356). 

3.  When  any  motion  or  proposition  is  made,  the 
question,  Will  the  House  now  consider 
questioner  it?  shall  not  be  put  unless  demanded 

~— -*-          by  a  Member. 

The  question  of  consideration  is  an  outgrowth  of  the  practice  of  the 
House,  and  was  in  use  as  early  as  1808,  The  rule  was  adopted  in  1817 
in  order  to  limit  its  use.  It  is  the  means  by  which  the  House  protects 
itself  from  business  which  it  does  not  wish  to  consider  (V,  4936;  VIII, 
2436).  The  refusal  to  consider  does  not  amount  to  the  rejection  of 
a  bill  or  prevent  its  being  brought  before  the  House  again  (V,  4940), 
and  an  affirmative  vote  does  not  prevent  the  question  of  consideration 
from  being  raised  on  a  subsequent  day  when  the  bill  is  again  called 
up  as  unfinished  business  (VIII,  2438).  It  has  once  been  held  that  a 
question  of  privilege  which  the  House  has  refused  to  consider  may  be 
brought  up  again  on  the  same  day  (V,  4942).  The  question  of  con- 
sideration is  not  debatable  (VIII,  2447). 

A  Member  may  demand  the  question  of  consideration,  although  the 
Member  in  charge  of  the  bill  may  claim  the  floor  for 
§779.  Raising  the  debate  (V,  4944,  4945;  VI,  404);  but  after  debate 
consideration.  k*8  begun  the  demand  may  not  be  made  (V,  4937- 

4939).  It  has  been  admitted,  however,  after  the 
making  of  a  motion  to  lay  on  the  table  (V,  4943).  The  demand  for 
the  question  of  consideration  may  not  be  prevented  by  a  motion  for 
the  previous  question  (V,  5478),  but  after  the  previous  question  is 
ordered  it  may  not  be  demanded  (V,  4965,  4966),  even  on  another 
day,  unless  other  business  has  intervened  (V,  4967,  4968).  The 
question  of  consideration  being  pending,  a  motion  to  refer  is  not  in 
order  (V,  5554). 

The  intervention  of  an  adjournment  does  not  destroy  the  right  to 
raise  the  question  of  consideration  (V,  4946),  but  this  right  did  not  hold 

[395] 


EUUSS   OF   THE   HOUSE   OF   REPRESENTATIVES 
§§  780,  781.  B*le  XVI. 

good  in  a  case  where  the  yeas  and  nays  had  been  ordered  and  the 
House  had  adjourned  pending  the  failure  of  a  quorum  on  the  roll  call 
(V,  4949).  A  question  of  consideration  undisposed  of  at  an  adjourn- 
ment does  not  recur  as  unfinished  business  on  a  succeeding  day  (V, 
4947,  4948) .  It  is  not  in  order  to  reconsider  the  vote  whereby  the  House 
refuses  to  consider  a  bill  (V,  5826,  5627). 

The  question  of  consideration  may  be  demanded  against  a  matter  of 
§780.  Questions  tile  ^ig1168*  privilege,  such  as  the  right  of  a  Member 
subject  to  the  to  his  seat  (V,  4941),  a  question  involving  the  privi- 

questionof  lege  of  the  House  (VI,  560),  against  the  motion  to 

consideration.  reconsider  (VIII,  2437),  but  not  against  a  bill  re- 

turned with  the  President's  objections  (V,  4960,  4970).  It  may  not 
be  raised  against  a  proposition  before  the  House  for  reference  merely, 
as  a  petition  (V,  4964).  It  may  not  be  demanded  against  a  class  of 
business  in  order  under  a  special  order  or  rule,  but  may  be  demanded 
against  each  bill  individually  (IV,  3308,  3309;  V,  4958,  4959).  It  may 
be  raised  against  a  bill  which  has  been  made  a  special  order  (IV, 
3175;  V,  4953-^957),  unless  the  order  provides  for  immediate  consider- 
ation (V,  4960) ,  and  it  may  be  raised  against  a  bill  on  the  Union  Cal- 
endar on  Calendar  Wednesday  before  resolving  into  the  Committee  of 
the  Whole  even  after  one  Wednesday  has  been  devoted  to  it  (VIII, 
24470  j  but  it  may  not  be  raised  against  a  report  from  the  Committee 
on  Rules  relating  to  the  order  of  considering  individual  bills  (V,  4961- 
4963;  VIII,  2440,  2441). 

The  question  of  consideration  may  not  be  raised  on  a  motion  relating 
to  the  order  of  business  (V,  4971-4976;  VIII,  2442;  May  21,  1958, 
p.  9216) ;  to  a  motion  to  discharge  a  committee  (V,  4977) ;  or  against  a 
motion  to  take  from  the  Speaker's  table  Senate  bills  substantially  the 
same  as  House  bills  already  favorably  reported  and  on  the  House 
Calendar  (VIII,  2443).  On  a  motion  to  go  into  Committee  of  the 
Whole  to  consider  a  bill  the  House  expresses  its  wish  as  to  consideration 
by  its  vote  on  this  motion  (V,  4973-4976;  VI,  51;  VIII,  2442;  May  21, 
1958,  p.  9216). 

A  point  of  order  which,  if  sustained,  might  prevent  the  consideration 
§  781.  Relation  of  °*  a  ^^  should  be  made  and  decided  before  the 
question  of  question  of  consideration  is  put  (V,  4950,  4951; 

consideration  to  VIII,  2439),  but  if  the  point  relates  merely  to  the 

points  of  order.  manner  of  considering,  it  should  be  passed  on  after- 

wards (V,  4950).  In  general,  after  the  House  has  decided  to  consider^ 
a  point  of  order  raised  with  the  object  of  preventing  consideration,  in 
whole  or  part,  comes  too  late  (IV,  4598;  V,  4952,  6912-6914). 

[396] 


RULES   OF  THE  HOUSE  OF  REPRESENTATIVES 
Rule  XVI,  $§  782,  783. 

4.  When  a  question  is  under  debate,  no  motion 
shall  be  received  but  to  adjourn,  to  lay 

§782.  Precedence  .J  , . 

ofpnvfleged  on  the  table,  ior  the  previous  question 

motions.  (which  motions  shall  be  decided  with- 

out debate),  to  postpone  to  a  day  certain,  to  refer,  or 
to  amend,  or  postpone  indefinitely;  which  several 
motions  shall  have  precedence  in  the  foregoing  order; 
and  no  motion  to  postpone  to  a  day  certain,  to  refer, 
or  to  postpone  indefinitely,  being  decided,  shall  be 
again  allowed  on  the  same  day  at  the  same  stage  of 
the  question.  After  the  previous  question  shall  have 
been  ordered  on  the  passage  of  a  bill  or  joint  resolu- 
tion one  motion  to  recommit  shall  be  in  order,  and 
the  Speaker  shall  give  preference  in  recognition  for 
such  purpose  to  a  Member  who  is  opposed  to  the  bill 
or  joint  resolution. 

The  first  form  of  this  rule  appears  in  1789;  but  amendments  have 
been  made  at  various  times  (V,  5301),  including  one  on  March  15,  1909 
(VIII,  2757). 

Its  application  is  confined  to  cases  wherein  a  question  is  "under 
debate"  (V,  5379).  It  has  been  held  that  a  question  ceases  to  be 
"under  debate"  after  the  previous  question  has  been  demanded  (V, 
5419).  But  with  the  exception  of  the  motion  to  adjourn  it  is  obvious 
that  the  motions  specified  in  this  rule  can  only  be  used  when  some 
question  is  " under  debate." 

The  motion  to  adjourn  not  only  has  the  highest  precedence  when  a 
question  is  under  debate,  but,  with  certain  restric- 
tl°n  tions'  li  has  the  hiShest  Privilege  under  all  other 
conditions.  Even  questions  of  privilege  (III,  2521), 
such  as  a  motion  privileged  under  the  Constitution  (VIII,  2641)  and 
the  motion  to  reconsider  yield  to  it  (V,  5605),  and  a  conference  report 
may  defer  it  only  until  the  report  is  before  the  House  (V,  6451-6453). 
The  motion  may  be  made  after  the  yeas  and  nays  are  ordered  and 
before  the  roll  call  has  begun  (V,  5366),  before  the  reading  of  the 

[397] 


RULES  OF  THE  HOUSE  OF  REPRESENTATIVES 

§5784,785. 

Journal  (IV,  2757),  or  when  the  Speaker  is  absent  and  the  Clerk  is 
presiding  (I,  228),  and  in  the  absence  of  a  quorum  has  precedence  over 
the  motion  for  a  call  of  the  House  (VIII,  2642) ,  and  takes  priority  of  a 
motion  to  dispense  with  further  proceedings  under  the  call  (VIII,  2643). 
But  the  motion  to  adjourn  may  not  interrupt  a  Member  who  has  the 
floor  (V,  5369,  5370;  VIII,  2646),  or  a  call  of  the  yeas  and  nays  (V, 
6053),  or  the  actual  act  of  voting  by  other  means  (V,  5360),  or  be 
made  after  the  House  has  voted  to  go  into  Committee  of  the  Whole 
(IV,  4728;  V,  5367,  5368),  or  defer  the  right  of  a  Member  to  take  the 
oath  (I,  622) ;  and  when  no  question  is  under  debate  it  may  not  displace 
a  motion  to  fix  the  day  to  which  the  House  shall  adjourn  (V,  5381). 

When  the  House  has  fixed  the  hour  of  daily  meeting,  the  motion  to 
adjourn  may  not  be  amended  (V,  5754)  as  by  specifying  a  particular 
day  (V,  5360)  or  hour  (V,  5364),  or  by  stating  the  purposes  of  adjourn- 
ment (V,  5371,  5372;  VIII,  2647);  but  when  the  hour  of  daily  meeting 
is  not  fixed,  the  motion  to  adjourn  may  fix  it  (V,  5362,  5363) .  A  motion 
to  adjourn  is  in  order  in  simple  form  only  (VIII,  2647),  is  not  debatable 
(V,  5359),  is  not  in  order  in  Committee  of  the  Whole  (IV,  4716),  and  is 
not  entertained  when  the  Committee  of  the  Whole  rises  to  report 
proceedings  incident  to  securing  a  quorum  (VI,  673;  VIII,  2436). 
After  the  motion  is  made  neither  another  motion  nor  an  appeal  may 
intervene  before  the  taking  of  the  vote  (V,  5361). 

The  motion  to  fix  the  day  to  which  the  House  shall  adjourn  was 
§784.  Motion  to  fix  formerly  included  within  the  rule  as  to  precedence 
the  day  to  which  of  motions,  but  with  the  motion  for  a  recess  was 
the  House  shall  dropped  because  of  the  facility  with  which  it  was 
adjourn.  ^^  ^  obstructive  tactics  (V,  5301,  5379) ;  but  such 

motion  has  been  entertained  where  no  objection  was  made  (VIII,  2611). 
No  question  being  under  debate,  a  motion  to  fix  the  day  to  which  the 
House  should  adjourn,  already  made,  was  held  not  to  give  way  to  a 
motion  to  adjourn  (V,  5381).  But  if  the  motion  to  adjourn  be  made 
first,  the  motion  to  fix  the  day  or  for  a  recess  is  not  entertained  (V, 
5302) .  The  motion  to  fix  the  day  is  not  debatable  under  the  practice 
of  the  House  (V,  5379,  5380;  VIII,  2648,  3367). 

The  motion  to  lay  on  the  table  is  used  in  the  House  for  a  final, 

Motion  to         adverse  disposition  of  a  matter  without  debate  (V, 

lay  on  the  table.         5389)  >  and  ^  ^  order  before  the  Member  entitled  to 

prior  recognition  for  debate  has  begun  his  remarks 

(V,  5391-5395;  VIII,  2649,  2650).    The  motion  is  applicable  to  a 

motion  to  reconsider  (VIII,  2652,  2659),  motion  to  postpone  to  a  day 

[398] 


RULES    OF    THE    HOUSE    OF    REPRESENTATIVES 
Rule  XVI.  §785. 

certain  (VIII,  2654,  2657),  resolution  presenting  question  of  privilege 
(VI,  560),  appeal  from  decision  of  the  Chair  (VIII,  3453),  motion  to 
discharge  committee  from  resolution  of  inquiry  (VI,  415),  proposal  to 
investigate  with  view  to  impeachment  (VI,  541),  concurrent  resolution 
to  adjourn  sine  die  (March  27,  1936,  p.  4512).  But  a  question  of 
privilege  laid  on  the  table  may  be  taken  therefrom  on  motion  made 
and  agreed  to  by  the  House  (V,  5438).  The  motion  to  lay  on  the 
table  has  the  precedence  given  it  by  the  rule,  but  may  not  be  made 
after  the  previous  question  is  ordered  (V,  5415-5422;  VIII,  2655),  or 
even  after  the  yeas  and  nays  have  been  ordered  on  the  demand  for  the 
previous  question  (V,  5408,  5409). 

When  a  bill  is  laid  on  the  table,  pending  motions  connected  therewith 
go  to  the  table  also  (V,  5426,  5427) ;  and  when  a  proposed  amendment 
is  laid  on  the  table  the  pending  bill  goes  there  also  (V,  5423;  VIII, 
2656),  and  this  rule  holds  good  as  to  a  House  bill  with  Senate  amend- 
ments (V,  5424),  but  laying  on  the  table  the  motion  to  postpone 
consideration  of  Senate  amendments  was  held  not  to  carry  to  the  table 
pending  motions  for  their  disposition  (VIII,  2657).  The  Journal  does 
not  accompany  a  proposed  amendment  to  the  table  (V,  5435,  5436); 
the  original  question  does  not  accompany  an  appeal  (V,  5434);  a 
resolution  does  not  accompany  another  resolution  with  which  it  is 
connected,  or  a  preamble  (V,  5248,  5430);  and  a  petition  does  not 
accompany  the  motion  to  receive  it  when  the  latter  is  laid  on  the  table 
(V,  5431—5433) ;  a  bill  does  not  accompany  a  motion  to  instruct  con- 
ferees which  is  laid  on  the  table  (VIII,  2658). 

A  motion  to  lay  on  the  table  a  motion  to  reconsider  the  vote  by 
which  an  amendment  to  a  resolution  had  been  agreed  to  would  not 
carry  the  resolution  to  the  table  (VIII,  2652). 

The  motion  is  not  in  order  in  Committee  of  the  Whole  (IV,  4719, 
4720;  VIII,  2330,  2556a,  3455),  or  motions  to  go  into  the  Committee 
of  the  Whole  (VI,  726).  It  may  not  be  amended  (V,  5754)  or  applied 
to  the  motions  for  the  previous  question  (V,  5410—5411),  to  suspend 
the  rules  (V,  5405),  to  commit  after  the  previous  question  is  ordered 
(V,  5412-5414;  VIII,  2653,  2655),  or  to  any  motion  relating  to  the 
order  of  business  (V,  5403,  5404),  except  the  motion  to  discharge  a 
committee  (V,  5407).  In  one  instance  the  motion  to  lay  on  the  table 
was  applied  to  the  ordinary  motion  to  refer  (V,  5433) ;  but  this  seems 
out  of  harmony  with  the  general  trend  of  rulings,  which  indicate  that 
the  secondary  or  privileged  motions  for  disposal  of  a  matter  should 
not  be  laid  on  the  table. 


[399] 


RULES  OF  THE  HOUSE   OF  KEPEESENTATIVES 
§§786,787.  Rule  XVi. 

As  indicated  in  the  rule,  the  motions  to  postpone  are  two  in  number 
and  distinct:  One  to  postpone  to  a  day  certain;  the 
other  to  P°stP°ne  ^definitely.  Each  must  apply 
to  the  whole  and  not  a  part  of  the  pending  propo- 
sition (V,  5306).  Neither  may  be  entertained  after  the  previous 
question  is  ordered  (V,  5319-5321;  VIII,  2616,  2617),  or  be  applied 
to  a  special  order  providing  for  the  consideration  of  a  class  of  bills  (V, 
4958);  but  when  a  bill  comes  before  the  House  under  the  terms  of  a 
special  order  which  assigns  a  day  merely,  a  motion  to  postpone  may 
be  applied  to  the  bill  (IV,  3177-3182).  Business  postponed  to  a  day 
certain  is  in  order  on  that  day  immediately  after  the  approval  of  the 
Journal  and  disposition  of  business  on  the  Speaker's  Table,  unless  dis- 
placed by  more  highly  privileged  business  (VIII,  2614).  It  is  not  in 
order  to  postpone  pending  business  to  Calendar  Wednesday  (VIII, 
2614),  but  if  so  postponed  by  consent,  when  consideration  is  concluded 
on  that  "Wednesday,  the  remainder  of  the  day  is  devoted  to  business 
in  order  under  the  Calendar  Wednesday  rule  (VII,  970).  The  motion 
is  not  used  in  Committee  of  the  Whole,  but  a  motion  that  a  bill  be 
reported  with  the  recommendation  that  it  be  postponed  is  in  order 
in  that  committee  (IV,  4765;  VIII,  2372),  is  debatable  (VIII,  2372), 
and  is  a  preferential  motion  (VIII,  2372,  2615),  but  debate  is  confined 
to  the  advisability  of  postponement  only  (VIII,  2372).  It  has  been 
held  in  order  to  postpone  an  appeal  (VIII,  2613).  A  bill  under  con- 
sideration in  the  morning  hour  may  not  be  made  a  special  order  by 
a  motion  to  postpone  to  a  day  certain  (IV,  3164). 

The  motion  to  postpone  to  a  day  certain  may  not  specify  the  hour 
(V,  5307).  The  motion  may  be  amended  (V,  5754;  VIII,  2824). 
It  is  debatable  within  narrow  limits  only  (V,  5309,  5310),  the  merits 
of  the  bill  to  which  it  is  applied  not  being  within  those  limits  (V,  5311- 
5315;  VIII,  2372,  2616,  2640). 

The  motion  to  postpone  indefinitely  opens  to  debate  all  the  merits 
of  the  proposition  to  which  it  is  applied  (V,  5316).  It  may  not  be 
applied  to  the  motion  to  refer  (V,  5317),  to  suspend  the  rules  (V, 
5322),  or  motion  to  resolve  into  the  Committee  of  the  Whole  (VI,  726), 
and  it  is  reasonable  to  infer  that  it  is  equally  inapplicable  to  the  other 
secondary  or  privileged  motions  enumerated  in  the  rule  and  to  motions 
relating  to  the  order  of  business. 

There  are  in  the  rules  of  the  House  two  motions  to  refer:  The  ordi- 

5787  The  motions      nary  mo^on  provided  for  in  this  rule,  and  the  spe- 

to  refer.      °  cial  motion  provided  by  the  rule  for  the  previous 

question  (Rule  XVII,  cl.  1;  V,  5569).    The  motion 

[400] 


RULES    OF   THE   HOUSE   OF   REPRESENTATIVES 
RnleXVL  $788. 

to  refer  is  sometimes  made  by  using  the  words  "to  commit"  or  "to 
recommit." ;  but  this  change  is  one  of  form  merely,  and  the  three  motions 
are  practically  the  same  (V,  5521;  VIII,  2736).  The  motion  may  not 
be  used  in  direct  form  in  Committee  of  the  Whole  (IV,  4721;  VIII, 
2326) .  It  may  be  made  after  the  engrossment  and  third  reading  of  a 
bill,  even  though  the  previous  question  may  not  have  been  ordered 
(V,  5562,  5563). 

The  simple  motion  to  refer  is  debatable  within  narrow  limits  (V, 
5054),  but  the  merits  of  the  proposition  which  it  is  proposed  to  refer 
may  not  be  brought  into  the  debate  (V,  5564-5568;  VI,  65,  549;  VIII, 
2740).  The  motion  to  refer  with  instructions  is  debatable  (V,  5561). 
But  when  the  previous  question  is  ordered  on  bill  to  final  passage, 
motion  to  recommit  is  not  debatable  (V,  5561,  5582-5584;  VIII, 
2741). 

The  motion  to  refer  may  specify  that  the  reference  shall  be  to  a  select 
as  well  as  a  standing  committee  (IV,  4401)  without 
reSard  for  rules  of  Jurisdiction  (IV,  4375;  V,  5527) 
anc*  mav  Prov^e  ^°r  reference  to  another  committee 
than  that  reporting  the  bill  (VIII,  2696,  2736),  or 
to  the  Committee  of  the  Whole  (V,  5552-5553),  and  even  that  the 
committee  be  endowed  with  power  to  send  for  persons  and  papers 
(IV,  4402).  Unless  the  previous  question  is  ordered  the  motion  may 
be  amended  (VIII,  2712,  2738),  in  part  (V,  5754);  by  substitute  (VIII, 
2698,  2738,  2759) ;  or  by  adding  instructions  (V,  5521,  5570,  5582-5584; 
VIII,  2695,  2762).  The  ordering  of  the  previous  question  on  a  bill 
and  all  amendments  to  final  passage  precludes  debate  on  a  motion  to 
recommit  but  does  not  exclude  amendments  to  such  motion  (V,  5582; 
VIII,  2741)  and  unless  the  previous  question  is  ordered  on  a  motion  to 
recommit  with  instructions,  the  motion  is  open  to  amendment,  and  a 
substitute  striking  out  all  of  the  proposed  instructions  and  substituting 
others  can  not  be  ruled  out  as  interfering  with  the  right  of  the  minority 
to  move  recommitment  (VIII,  2759).  It  is  not  in  order  to  propose 
as  instructions  anything  that  might  not  be  proposed  directly  as  an 
amendment  (V,  5529-5541;  VIII,  2705),  such  as  to  eliminate  an 
amendment  adopted  by  the  House  (VIII,  2712),  or  strike  out  an 
amendment  which  has  been  adopted  and  insert  something  in  its 
place  (VIII,  2715),  or  to  amend  an  adopted  amendment  (VIII,  2720, 
2721,  2724).  It  has  been  a  practice,  however,  to  permit  a  motion  to 
recommit  with  instructions  that  the  committee  report  "forthwith," 
in  which  case  the  chairman  makes  report  at  once  without  awaiting 
action  by  the  committee  (V,  5545-5547;  VIII,  2730),  and  the  bill  is 

[401] 


RTJUES   OF  THE   HOUSE    OF  EEPKESEOTATIVES 
&§  789-791.  RuleXVL 

before  the  House  for  immediate  consideration  (V,  5550;  VIII,  2735). 
If  one  motion  to  recommit  is  ruled  out,  a  proper  motion  is  admissible 
(VIII,  2736,  2760,  2761,  2763).  The  motion  may  be  withdrawn  in 
the  House  at  any  time  before  action  or  decision  thereon  (VIII,  2764). 
The  simple  motion  to  recommit  and  the  motion  to  recommit  -with 
instructions  are  of  equal  privilege  and  have  no  relative  precedence 
(VIII,  2714,  2758,  2762).  When  a  bill  is  recommitted  it  is  before  the 
committee  as  a  new  subject  (IV,  4557;  V,  5558),  but  the  committee 
must  confine  itself  to  the  instructions,  if  there  be  any  (IV,  4404;  V, 
5526).  Where  the  House  has  recommitted  a  bill  to  a  committee  with 
instructions  to  report  it  back  forthwith  with  certain  amendments,  the 
amendments  must  be  adopted  by  the  House  after  the  report  by  the 
committee  (VIII,  2734). 

The  rule  specifies  that  the  motions  to  postpone  and  refer  shall  not  be 
repeated  on  the  same  day  at  the  same  stage  of  the 
question  (V,  5301,  5591;  VIII,  2738,  2760).  Under 
the  practice,  also,  a  motion  to  adjourn  may  be 
repeated  only  after  intervening  business  (V,  5373;  VIII,  2814),  such  as 
debate  (V,  5374),  the  ordering  of  the  yeas  and  nays  (V,  5376,  5377), 
decision  of  the  Chair  on  a  question  of  order  (V,  5378),  or  reception  of 
a  message  (V,  5375).  The  motion  to  lay  on  the  table  may  also  be 
repeated  after  intervening  business  (V,  5398-5400)  ;  but  the  ordering 
of  the  previous  question  (V,  5709),  a  call  of  the  House  (V,  5401),  or 
decision  of  a  question  of  order  have  been  held  not  to  be  such  intervening 
business,  it  being  essential  that  the  pending  matter  be  carried  to  a  new 
stage  in  order  to  permit  a  repetition  of  the  motion  (V,  5709). 

5.  The  hour  at  which  the  House  adjourns  shall  be 
§790.  Entry  of  hem-    entered  on  the  Journal. 

of  adjournment  on  This  rule  was  adopted  in  1837,  and  amended  in 

the  Journal. 


6.  On  the  demand  of  any  Member,  before  the  ques- 
§791.  Division  of  tion  is  put,  SL  question  shall  be  divided 
the  question.  ft  ft  include  propositions  so  distinct  in 

substance  that  one  being  taken  away  a  substantive 
proposition  shall  remain:  Provided,  That  any  motion 
or  resolution  to  elect  the  members  or  any  portion 


[402] 


RULES    OF   THE   HOUSE   OF   REPRESENTATIVES 
RuIeXVL  §792. 

of  the  members  of  the  standing  committees  of  the 
House  and  the  joint  standing  committees  shall  not 
be  divisible,  nor  shall  any  resolution  or  order  reported 
by  the  Committee  on  Rules,  providing  a  special  order 
of  business  be  divisible. 

This  rule  was  first  adopted  in  1789,  and  was  amended  in  1837  (V, 
6107).  The  first  part  of  the  proviso  was  adopted  April  2,  1917  (VIII, 
2175)  and  the  last  part  May  3,  1933  (VIII,  3164). 

The  House  may  by  adoption  of  a  resolution  reported  from  the  Com- 
mittee on  Rules  suspend  the  rule  providing  for  the  division  of  a  question 
(VII,  775). 

The  principle  that  there  must  be  at  least  two  substantive  propositions 
§  792.  Principles  ^  order  to  justify  division  is  insisted  on  rigidly  (V, 

governing  the  6108-6113),  as  failure  to  do  so  produces  difficulties 

division  of  the  (III,  1725).  The  question  may  not  be  divided  after 

question.  ft  h^  been  pu£  (y^  QiQ2)3  or  after  the  yeas  and 

nays  have  been  ordered  (V,  6160,  6161) ;  but  division  of  the  question 
may  be  demanded  after  the  previous  question  is  ordered  (V,  5468, 
6149;  VIII,  3173),  except  on  resolutions  to  elect  Members  to  com- 
mittees or  on  resolutions  reported  from  the  Committee  on  Rules 
providing  a  special  order  of  business  (Cl.  6,  Rule  XVI).  In  passing 
on  a  demand  for  division  the  Chair  considers  only  substantive  propo- 
sitions and  not  the  merits  of  the  question  presented  (V,  6122).  It 
seems  to  be  most  proper,  also,  that  the  division  should  depend  on 
grammatical  structure  rather  than  on  the  legislative  propositions 
involved  (I,  394;  V,  6119),  but  a  question  presenting  two  propositions 
grammatically  is  not  divisible  if  either  does  not  constitute  a  substan- 
tive proposition  when  considered  alone  (VIII,  3165).  Decisions  have 
been  made  that  a  resolution  affecting  two  individuals  may  be  divided, 
although  such  division  may  involve  a  reconstruction  of  the  text  (I, 
623;  V,  6119-6121).  The  better  practice  seems  to  be,  however,  that 
this  reconstruction  of  the  text  should  be  made  by  the  adoption  of  a 
substitute  amendment  of  two  branches,  rather  than  by  interpretation 
of  the  Chair  (II,  1621).  But  merely  formal  words,  such  as  "resolved," 
may  be  supplied  by  interpretation  of  the  Chair  (V,  6114r-6118).  It  is 
not  in  order  to  demand  a  division  of  a  related  subject,  as,  when  a 
resolution  to  adopt  a  series  of  rules,  not  made  a  part  of  the  reso- 
lution, was  before  the  House,  it  was  held  not  in  order  to  de- 
mand a  separate  vote  on  each  rule  (V,  6159).  In  voting  on  the 
engrossment  or  passage  of  a  bill  or  joint  resolution  a  separate 

[403] 


RULES   OF   THE   HOUSE   OF   REPRESENTATIVES 
|792.  RuleXVL 

vote  on  the  various  portions  may  not  be  demanded  (V,  6144-6146; 
VIII,  3172),  or  on  the  preamble  of  a  bill  (V,  6147);. but  on  a  series  of 
simple  resolutions  a  division  may  be  demanded  (V,  6149).  When  a 
motion  is  made  to  lay  several  connected  propositions  on  the  table  a 
division  is  not  in  order  (V,  6138-6140).  A  division  may  be  demanded 
on  the  motion  to  recede  from  disagreement  to  a  Senate  amendment  and 
concur  therein  (§  525;  V,  6209;  VIII,  3197-3199,  3203),  on  a  proposition 
to  strike  out  various  unrelated  phrases  (VIII,  3166),  on  a  resolution 
of  impeachment  (VI,  545),  but  may  not  be  demanded  on  the  motion 
to  concur  in  a  Senate  amendment  with  an  amendment  (VIII,  3176), 
or  Senate  amendments  when  sending  to  conference  (V,  6151-6156; 
VIII,  3175).  Each  Senate  amendment  must  be  voted  on  as  a  whole 
(VIII,  3175)  but  the  Committee  of  the  Whole  having  reported  a  Senate 
amendment  with  the  recommendation  that  it  be  agreed  to  with  an 
amendment,  a  separate  vote  was  had  on  the  amendment  to  the  Senate 
amendment  (VIII,  2420),  and  when  Senate  amendments  to  a  House 
bill  are  considered  in  the  House  a  separate  vote  may  be  had  on  each 
amendment  (VIII,  2383,  2400,  3191).  On  a  motion  to  commit  with 
instructions  it  is  not  in  order  to  demand  a  separate  vote  on  the  instruc- 
tions or  various  branches  thereof  (V,  6134-6137;  VIII,  2737,  3170). 
A  division  of  the  question  may  not  be  demanded  on  a  motion  to  strike 
out  and  insert  (V,  5767,  6123;  VIII,  3169;  cl.  7  ,B.ule  XVI),  on  bills  or 
joint  resolutions  for  reference  (IV,  4376)  or  change  of  reference  (VII, 
2125),  a  motion  to  elect  Members  to  committees  of  House  (VIII,  2175, 
3164;  cl.  6,  Rule  XVI),  a  question  against  which  a  point  of  order  is 
pending  (VIII,  3432),  proposition  under  motion  to  suspend  the  rules 
(V,  6141-6143;  VIII,  3171),  substitutes  for  pending  amendments  (V, 
6127;  VIII,  3168),  but  when  agreed  to  a  division  of  the  original  amend- 
ment as  amended  may  be  had.  A  proposition  reported  from  the  Com- 
mittee of  the  Whole  as  an  entire  and  distinct  amendment  may  not 
be  divided,  but  must  be  voted  on  in  the  House  as  a  whole  (IV,  4883- 
4892),  and  a  separate  vote  may  not  be  demanded  in  the  House  on  an 
amendment  adopted  in  the  Committee  of  the  Whole  to  an  amendment 
(VIII,  2422,  2426,  2427).  On  a  decision  of  the  Speaker  involving  two 
distinct  questions,  there  may  be  a  division  on  appeal  (V,  6157) .  After 
the  vote  on  the  first  member  of  the  question,  the  second  is  open  to 
debate  and  amendments,  unless  the  previous  question  is  ordered 
(§482). 


[404] 


RULES    OF   THE   HOUSE   OF   REPRESENTATIVES 
BuleXVI.  §§793,794. 

7.  A  motion  to  strike  out  and  insert  is  indivisible, 
but  a  motion  to  strike  out  being  lost 

|  793.  Motion  to  ° 

strike  out  and  insert    snail  neither  preclude  amendment  nor 
not  divisible.  motion  to  strike  out  and  insert;    *    *    * 

This  rule  was  adopted  in  1811,  and  amended  in  1822  (V,  5767). 

When  it  is  proposed  to  strike  out  and  insert  not  one  but  several  con- 
nected matters,  it  is  not  in  order  to  demand  a  separate  vote  on  each  of 
those  matters  (V,  6124,  6125),  as  when  a  substitute  containing  several 
resolutions  is  proposed;  but  after  this  substitute  has  been  agreed  to,  it 
is  in  order  to  demand  a  division  of  the  original  resolution  as  amended 
(V,  6127,  6128).  When,  however,  an  amendment  simply  adding  or 
inserting  is  proposed,  it  is  in  order  to  divide  the  amendment  (V,  6129- 
6133). 

7.  *  *  *  and  no  motion  or  proposition  on  a 
§794.  Germane  subject  different  from  that  under  con- 
amendments.  sideration  shall  be  admitted  under  color 

of  amendment. 

This  rule  was  adopted  in  1789,  and  amended  in  1822  (V,  5767,  5825). 

It  introduced  a  principle  not  then  known  to  the  general  parlia- 
mentary law  (V,  5825),  but  of  high  value  in  the  procedure  of  the 
House  (V,  5866) .  The  principle  of  the  rule  applies  to  a  proposition  by 
which  it  is  proposed  to  modify  the  pending  bill,  and  not  to  a  portion  of 
the  bill  itself  (V,  6929) ;  and  hence,  in  general,  an  amendment  simply 
striking  out  words  already  in  a  bill  may  not  be  ruled  out  as  not  germane 
(V,  5805;  VIII,  2918)  unless  such  action  would  change  the  scope  and 
meaning  of  the  text  (IV,  3596;  VIII,  2919).  While  a  committee  may 
report  a  bill  embracing  different  subjects,  it  is  not  in  order  during  con- 
sideration in  the  House  to  introduce  a  new  subject  by  way  of  amend- 
ment (V,  5825).  Whether  or  not  an  amendment  be  germane  should 
be  judged  from  the  provisions  of  its  text  rather  than  from  the  purposes 
which  circumstances  may  suggest  (V,  5783,  5803).  But  later  deci- 
sions hold  that  the  fundamental  purpose  of  an  amendment  must  be 
germane  to  the  fundamental  purpose  of  the  bill  (VIII,  2911).  The 
rule  that  amendments  should  be  germane  applies  to  amendments 
reported  by  committees  (V,  5806). 

62581°— H.  Doc.  459,  86-2 27       [405] 


RULES   OF  THE  HOUSE  OF   BEPRESENTATIVES 
§795. 

Under  the  later  practice  an  amendment  should  be  germane  to  the 
particular  paragraph  or  section  to  which  it  is  offered  (V,  5811-5820; 
VIII,  2922,  2936)  and  an  amendment  inserting  an  additional  section 
should  be  germane  to  the  portion  of  the  bill  to  which  it  is  offered  (V, 
5822;  VIII,  2927,  2931),  but  when  offered  as  a  separate  paragraph  is 
not  required  to  be  germane  to  the  paragraph  immediately  preceding 
or  following  it  (VII,  1162;  VIII,  2932-2935).  To  a  bill  amending  a 
general  law  on  a  specific  point  an  amendment  relating  to  the  terms  of 
the  law  rather  than  to  those  of  the  bill  was  offered  and  ruled  not  to  be 
germane  (V,  5808;  VIII,  2707,  2708).  So  to  a  legislative  section  in  a 
general  appropriation  bill  amending  one  section  of  the  criminal  code, 
a  provision  amending  the  criminal  code  in  other  particulars  was  held 
not  germane  (VIII,  2709).  A  bill  amending  several  sections  of  an 
act  does  not  necessarily  bring  the  entire  act  under  consideration  so  as 
to  permit  an  amendment  to  any  portion  of  the  act  sought  to  be  amended 
by  the  bill  (VIII,  2938,  3013,  3031).  To  a  bill  continuing  and  re- 
enacting  an  existing  law  an  amendment  germane  to  the  existing  act 
sought  to  be  continued  was  held  to  be  germane  to  the  pending  bill 
(VIII,  2940,  2941,  2950,  3028).  An  amendment  germane  to  the 
bill  as  a  whole,  but  hardly  germane  to  any  one  section,  may  be  offered 
at  an  appropriate  place  with  notice  of  motions  to  strike  out  the  follow- 
ing sections  which  it  would  supersede  (V,  5823;  VIII,  2901).  In  the 
consideration  of  Senate  amendments  to  a  House  bill  an  amendment 
must  be  germane  to  the  particular  Senate  amendment  to  which  it  is 
offered,  it  not  being  sufficient  that  it  should  be  germane  to  provisions 
of  the  bill  (V,  6188-6191;  VIII,  2936),  but  a  Senate  amendment  is  not 
subject  to  the  point  of  order  in  the  House  that  it  is  not  germane  to 
the  House  bill  (VIII,  3425J). 

In  determining  whether  or  not  an  amendment  be  germane,  certain 
principles  are  established. 

(a)  One  individual  proposition  may  not  be  amended  by  another 
§  796.  one  individual  proposition  even  though  the  two  belong 

individual  to   the  same   class    (VIII,   2951-2953,   2963-2966, 

proposition  not  3047).    Thus,  the  following  are  not  germane:  To  a 

germane  to  bill  proposing  the  admission  of  one  Territory  into 

another.  the  Union,  an  amendment  for  admission  of  another 

Territory  (V,  5529) ;  to  a  bill  amending  a  law  in  one  particular,  amend- 
ing the  law  in  another  particular  (VIII,  2949) ;  to  a  bill  for  the  relief  of 
one  individual,  an  amendment  proposing  similar  relief  for  another 
(V,  5826-5829) ;  to  a  resolution  providing  a  special  order  for  one  bill, 
an  amendment  to  include  another  bill  (V,  5834r-5836) ;  to  a  pro^ion 
for  extermination  of  the  cotton-boll  weevil,  an  amendment  including 


[406] 


RULES    Or  THE  HOUSE  OF  EEPKESENTATCVES 
Bole  XVI.  §§  796, 797, 

the  gypsy  moth  (V,  5832) ;  to  a  provision  for  a  clerk  for  one  committee, 
an  amendment  for  a  clerk  to  another  committee  (V,  5833);  to  a  bill 
prohibiting  transportation  of  messages  relative  to  dealing  in  cotton 
futures,  an  amendment  adding  wheat,  corn,  etc.  (VIII,  3001) ;  to  a  bill 
prohibiting  cotton  futures,  an  amendment  prohibiting  wheat  futures 
(VIII,  3001).  To  a  bill  prohibiting  importation  of  goods  "made  in 
whole  or  in  part  by  convict,  pauper,  or  detained  labor,  or  made  in 
whole  or  in  part  from  materials  which  have  been  made  in  whole  or  in 
part  or  in  any  manner  manipulated  by  convict  or  prison  labor,"  an 
amendment  prohibiting  importation  of  goods  made  by  child  labor  was 
held  not  germane  on  the  ground  that  labor  described  in  bill  constituted 
a  single  class  of  labor  (VIII,  2963). 

(&)  A  specific  subject  may  not  be  amended  by  a  provision  general  in 
§7%  A  general  nature,  even  when  of  the  class  of  the  specific  subject 

provision  not  (V,  5843-5846;  VIII,  2997,  2998).  Thus,  the 

germane  to  a  following  are  not  germane:  To  a  bill  for  the  admis- 

specific  subject.  gion  of  Qne  Territory  into  the  Union,  an  amendment 

providing  for  the  admission  of  several  other  Territories  (V,  5837) ;  to 
a  bill  relating  to  all  corporations  engaged  in  interstate  commerce,  an 
amendment  relating  to  all  corporations  (V,  5842) ;  to  a  bill  modifying 
an  existing  law  as  to  one  specific  particular,  an  amendment  relating  to 
the  terms  of  the  law  other  than  those  dealt  with  by  the  bill  (Vj  5806- 
5808) ;  to  a  bill  amending  the  war-time  prohibition  act  in  one  particular, 
an  amendment  repealing  that  act  (VIII,  2949).  A  bill  dealing  with 
an  individual  proposition  but  rendered  general  in  its  scope  by  amend- 
ment is  then  subject  to  further  amendment  by  propositions  of  the  same 
class  (VIII,  3003). 

(c)  A  general  subject  may  be  amended  by  specific  propositions  of  the 

§797   Specific  Same    ClaSS    (VII3C'    3002»    3009»    3012)-       TbUB,    the 

subjects  germane  following  have  been  held  to  be  germane:  To  a  bill 
to  general  admitting  several  Territories  into  the  Union,  an 

propositions  of  amendment  adding  another  Territory  (V,  5838);  to 


the  ciass.  ft  ^^  providing  for  the  construction  of  buildings  in 

each  of  two  cities,  an  amendment  providing  for  similar  buildings  in 
several  other  cities  (V,  5840) ;  to  a  resolution  embodying  two  distinct 
phases  of  international  relationship,  an  amendment  embodying  a 
third  (V,  5839) .  But  to  a  resolution  authorizing  a  class  of  employees 
in  the  service  of  the  House,  an  amendment  providing  for  the  employ- 
ment of  a  specified  individual  was  held  not  to  be  germane  (V,  5848- 
5849). 


RULES   OF  THE   HOUSE   OF   REPRESENTATIVES 
§798.  Rule  XVI, 

(d)  Two  subjects  are  not  necessarily  germane  because  they  are 
related.  Thus,  the  following  have  been  held  not 
§798.  Subjects  not  to  be  germane:  TO  a  proposition  relating  to  the 
terms  of  Senators,  an  amendment  changing  the 
manner  of  their  election  (V,  5882) ;  to  a  bill  relating 
to  commerce  between  the  States,  an  amendment  relating  to  commerce 
within  the  several  States  (V,  5841) ;  to  a  proposition  to  relieve  destitute 
citizens  of  the  United  States  in  Cuba,  a  proposition  declaring  a  state 
of  war  in  Cuba  and  proclaiming  neutrality  (V,  5897) ;  to  a  proposition 
for  the  appointment  of  a  select  committee  to  investigate  a  certain 
subject,  an  amendment  proposing  an  inquiry  of  the  Executive  on  that 
subject  (V,  5891) ;  to  a  bill  granting  a  right  of  way  to  a  railroad,  an 
amendment  providing  for  the  purchase  of  the  railroad  by  the  Govern- 
ment (V,  5887) ;  to  a  provision  for  the  erection  of  a  building  for  a  mint, 
an  amendment  to  change  the  coinage  laws  (V,  5884) ;  to  a  resolution 
proposing  expulsion,  an  amendment  proposing  censure  (VI,  236) ;  to  a 
general  tariff  bill,  an  amendment  creating  a  tariff  board  (Chairman 
Garrett  of  Tennessee,  May  6,  1913,  p.  1234;  also  Speaker  Clark, 
May  8,  1913,  p.  1381);  to  a  proposition  to  sell  two  battleships  and 
build  a  new  battleship  with  the  proceeds,  a  proposition  to  devote  the 
proceeds  to  building  wagon  roads  (VIII,  2973) . 

To  a  law  providing  for  the  insurance  of  soldiers  upon  the  payment 
of  premiums,  a  proposition  for  the  continuance  of  such  insurance  for 
two  years  without  the  payment  of  premiums  was  held  not  germane 
(VIII,  2986).  To  a  proposition  appropriating  money  for  a  general 
increase  hi  the  salaries  of  employees  for  1918,  a  provision  making  the 
same  increase  available  for  the  remainder  of  1917  was  held  not  ger- 
mane (VIII,  2913),  as  was  also  a  proposition  to  establish  a  minimum 
wage  among  the  employees  affected  by  the  bill  (VIII,  2971). 

To  a  bill  amending  a  general  law  in  several  particulars,  an  amend- 
ment providing  for  the  repeal  of  the  whole  law  was  held  germane  (V, 
5824),  but  the  bill  amending  the  law  must  so  vitally  affect  the  whole 
law  as  to  bring  the  entire  act  under  consideration  before  the  Chair  will 
hold  an  amendment  repealing  the  law  or  amending  any  section  of  the 
law  germane  to  the  bill  (VIII,  2982;  Chairman  Madden,  Apr.  2,  1924, 
p.  5437). 


RULES   OF  THE   HOUSE  OF  REPRESENTATIVES 
Bole  XVI.  §§799,800. 

(e)  An  amendment  which  is  germane,  not  being  "on  a  subject  differ- 
ent from  that  under  consideration,"  belongs  to  a 
class  mustrated  by tne  following:  To  a  bill  providing 
for  an  i^teroceanic  canal  by  one  route,  an  amend- 
ment providing  for  a  different  route  (V,  5909) ;  to  a 
bill  providing  for  the  reorganization  of  the  Army,  an  amendment  pro- 
viding for  the  encouragement  of  marksmanship  (V,  5910) ;  to  a  proposi- 
tion to  create  a  board  of  inquiry,  an  amendment  specif ying  when  it  shall 
report  (V,  5915) ;  to  a  bill  relating  to  "oleomargarine  and  other  imita- 
tion dairy  products,"  an  amendment  on  the  subject  of  "renovated 
butter"  (V,  5919) ;  to  a  resolution  rescinding  an  order  for  final  adjourn- 
ment, an  amendment  fixing  a  new  date  therefor  (V,  5920). 

A  rule  which  was  in  force  during  the  Sixty-second  to  Sixty-seventh 
Congresses,  inclusive,  had  been  interpreted  to  pro- 

§  800.  Revenue  bill  ..  e,  '  ,     '  *  • * 

amendments.  vide  that  no  amendment  to  any  item  of  a  bill  affect- 

ing revenue  should  be  in  order  which  did  not  directly 
relate  to  the  item  to  which  the  amendment  was  proposed.  Under  this 
rule  the  following  decisions  arose: 

To  the  portion  of  the  Canadian  reciprocity  bill  relating  to  articles 
on  the  dutiable  list,  an  amendment  placing  certain  articles  on  the  free 
list  is  not  germane ;  but  to  that  portion  of  the  bill  relating  to  the  free 
list,  an  amendment  placing  additional  articles  on  the  free  list  is  germane 
(Chairman  Sherley,  Apr.  21,  1911,  pp.  541,  556). 

To  a  bill  admitting  certain  articles  free  of  duty,  amendments  admit- 
ting other  articles  free  of  duty,  as  well  as  an  amendment  providing  that 
said  articles  should  be  admitted  free  only  when  imported  from  a  country 
imposing  no  duty,  are  not  germane  (Chairman  Alexander,  May  8, 
1911,  pp.  1092, 1110).  To  a  bill  to  raise  revenue  by  excise  tax  and  bond 
issue,  an  amendment  to  raise  revenue  by  protective  tariff  is  not  ger- , 
mane  (Speaker  Clark,  Feb.  1,  1917,  p.  2439).  To  an  item  in  a  revenue 
bill  fixing  a  duty,  an  amendment  dealing  with  administrative  provisions 
is  not  germane  (Chairman  Anderson,  Dec.  22,  1920,  p.  657). 

After  the  repeal  of  this  rule  the  following  decision  was  rendered: 

To  a  bill  raising  revenue  by  several  methods  of  taxation  the  Com- 
mittee of  the  Whole,  overruling  the  Chair,  held  that  an  amendment 
proposing  a  tax  on  undistributed  profits  was  germane,  but  sustained  a 
decision  holding  a  tax  on  campaign  contributions  not  germane  (VIII, 
3042). 


RULES   OF  THE  HOUSE   OF  REPRESENTATIVES 
5J80I.802.  Rule  XVI. 

8.  Pending  a  motion  to  suspend  the  rules,  the 
§  soi.  Dilatory        Speaker  may  entertain  one  motion  that 

the  House  adjourn;  but  after  the  re- 
suit  thereon  is  announced  he  shall  not 

entertain  any  other  motion  till  the  vote  is  taken  on 

suspension. 

This  rule  was  adopted  in  1868  (V,  5743),  and  amended  in  1911 
(VIII,  2823).  A  motion  for  a  reces